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LA VV o 



STATE of ILLINOIS 



KmaOTEU by the 



THIRTY-FIRST GENERAL ASSEMBLY 



(CONVENED JANUARY 8, 1879, 
ADJOURNED Sine Die, MAY 31, 1879. 



PRINTED BY AUTHORITY OF LAW 



1879. 



SPRINGFIELD: 

Webbr & Co., State Printers. 
1879. 



Digitized by the Internet Archive 

in 2011 with funding from 

CARLI: Consortium of Academic and Research Libraries in Illinois 



http://www.archive.org/details/lawsofstateofill1879illi 



TABLE OF CONTENTS. 



Page . 
AGRICULTURE: 

An act to amend Section one (1) of an act entitled "An act to revise the law in 
relation to the Department of Agriculture, County Agricultural Boards and Agri- 
cultural Fairs," approved March 27, 1ST4; in force July 1, 1874; approved April 9, 
1875; in force July 1, 1875. Approved May 39, 1879; in force July 1, 1879 I 

APPROPRIATIONS: 

Agriculture— State Board: 

An act making- an appropriation tor the State Board of Agriculture and the 
County and other subordinate Boards of Agriculture. Approved May 24, 1879; 
in force July 1, 1879 2 

Agricultural College: 

An act authorizing- the sale of lands owned by the State of Illinois, and known 
as the Illinois Agricultural college Farm, at Irvington, and to appropriate the 
money to discharge the liens thereon. Approved and in force May 31, 1879 3 

Blind— Education of the: 
An act making appropriations tor the expenses of the Illinois Institution for the 
Education of the Blind. Approved May 31, 1879; in force July 1, 1879 5 

Cairo Quarantine: 

An act making appropriation to reimburse the City of Cairo for expense of 
quarantine under direction of the State Board of Health. Approved May 30, 
1879; in force July 1, 1879 f: 

Canal— Illinois and Michigan: 

An act making appropriations for the necessary repairs and running expenses 
of the Illinois and Michigan Canal until the expiration of the first fiscal qua - 
ter after the adjournment of the next General Assembly. Approved May 31, 
1879; in force July 1, 1879 f 

Harts, P. W. — A^vARD by Commission of Claims: 

An act making an appropriation for the payment of awards made by the com- 
mission of claims to P. W. Harts, a creditor of the State. Approved and in 
force May 29, 1879 ', 

Warren, Charles C— Fok Professional Services: 

An act to compensate Charles C. Warren, Esq., for professional services on be- 
half of the State before the joint committee of the 30th General Assembly, to 
investigate damages caused by the construction of the dams at Henry, on the 
Illinois river, and at New Haven, on the Little Wabash river. Approved Mav 
31, 1879; in force July 1, 1879 i 

Quincy Savings Bank— Award by Commission of Claims: 

An act making an appropriation to pay the claim of the Quincy Savings Bank 
against the State, allowed by the commission of claims. Approved May 29, 
1879; in force July 1, 1879 ' 5 



IV CONTENTS. 



appropriations-continued. 
Convicts— for transferring: 

An act making- appropriation to pay the expense of transferring two hundred 
(200) convicts from the Illinois State Penitentiary at Juliet, to the Southern 
Illinois Penitentiary at Chester, on the 2lst day of March, 1878. Approved and 
in force May 21, 1879 ' 9 

Alton city court— Due prosecuting attorney: 
An act to appropriate balance of salary due the Prosecuting Attorney of the 
Alton City Court for the two years ending September It, 1871. Approved Mav 
29, 1879; in foiee July 1, 1879 .'. 10 

Appellate Court— First district: 
An act to make an appropriation for the payment of the expenses heretofore 
incurred of the Appellate Court for the First District. Approved and in force 
May 16, 1879 10 

Appellate Court -First district— ordinary expenses: 
An act to provide for renting- rooms for the Appellate Court of the 1st District, 
and making- an appropriation for the payment of the expenses of said court. Ap- 
proved May 24, 1879; in force July 1, 1879 11 

Appellate Court -Second district: 
An act to make an appropriation for the payment of the expenses incurred 
heretofore for the Appellate Court of the Second (2d) District. Approved May 
May 29, 1879; in force June 8, 1879 12 

Appellate Court—Second district: 
An act to provide for expenses and disbursements of the Appellate Court of the 
Second District, and to make an appropriation therefor. Approved Mav 29, 
1879; in force July 1, 1879 13 

Appellate Court— Fourth district: 
An act making- an appropriation for the payment of the expenses heretofore in- 
curred bv the Appellate Court of the Fourth District. Approved Mav 29, 1879: 
in force July 1, 1879 13 

Appellate and Supreme Courts— at Ottawa: 
An act for an appropriation for repairs of the Court House of the Supreme and 
Appellate Courts at Ottawa, Illinois, and for the Libraries of said Courts. Ap- 
proved May 20, 1879; in force July 1, 1879 It 

Damages by the Dams on Illinois and Wabash Rivers— Expenses of Commit- 
tee—Fees. 

An act to make further appropriations for payment of the per diem and travel- 
ing- expenses of the committee to investigate damages caused by the construc- 
tion of the Jams at Henry, on the Illinois river, and at New Haven, on the 
Little Wabash river, appointed by joint resolution of the 30th General Assembly 
of this State. Approved and in force May 6, 1879 15 

Damages by Construction of Dams on Illinois and Wabash Rivers: 
An act to provide for the payment of damages to lands and other property sus- 
tained by the owners thereof, by the construction of the dam ou the Little 
Wabash river, at New Haven, in Gallatin county, Illinois, and by the construc- 
tion of the dam on the Illinois river, near Henry, in Marshall county, Illinois 
Approved Mav 31, 1879: in force July 1, 1879 16 



Douglas Monument. 

An act to appropriate nine thousand dollars (9,000) for the completion of the 
Doug-las Monument at Chicago. Approved May 29, 1879; in force July 1, 1879.. 19 

Deaf and Dumb school at Chicago: 
An act to make an appropriation for the benefit of the Deal' and Dumb School 
at Chicago. Approved May 31, 1879: in force July], 1879 20 

Deaf and Dumb— Education of— Jacksonville: 
An act for the purchase of land, and for the erection of Laundry, Barns, and 
Fire Escapes for the' Illinois Institution for the education of the Deaf and 
Dumb, and for special repairs on said Institution. Approved May 24, 1879; in 
force July 1, 1879 31 



CONTENTS. 



APPROPRIATIONS— Continued . 

Deajp and Dumb— Education oe— Jacksonville : 
An act for the support of the Illinois Institution for the Education of the Deaf 
and Dumb, and for general repairs thereon, and for the Pupils' Library. Ap- 
proved May 31, 1879; in force July I, 1ST'.' 21 

Eye and Ear Infirmary at Chicago: 
An act making appropriations for the Illinois Charitable Eve and Ear Infirmary. 
Approved May 24, 1879; in force July 1, 1879 22 

Feeble Minded Children— Asylum for: 
An act making- appropriations for the Illinois Asylum for Feeble-Minded Chil- 
dren. Approved May 31, 1879: in force July 1, 1879 22 

State Government— Expenses of; 
An act to provide for the expenses of heating the State House, tor the State 
binding, and also for the office expenses of the Superintendent of Public In- 
struction and Adjutant General, incurred or to bo incurred and now unprovi- 
ded for, until June 30, 1879. Approved and in force May 21, 187'.! 23 

State Government— Ordinary and Contingent expenses of: 
An act to provide for the ordinary and contingent expenses of the State Govern- 
ment until the expiration of the first fiscal Quarter after the adjournment of 
the next regular session of the General Assemblv. Approved May 31, 1879; in 
force July 1, 1879 24 

Thirty-first General Assembly— Incidental expenses of the: 
An act to provide for the incidental expenses of the 31st General Assembly, and 
for the care and custody of the State House and Grounds incurred or to be in- 
curred and now unprovided for until July 1, 1879. Approved and in force May 
24, 1 879 '. . ;ji 

General Assembly— Pay of Officers, etc: 
An act making an appropriation for the payment of the officers and members of 
the next General Assembly, and for the salaries of the officers of the State 
Government. Approved May 29. 1879; in force July 1, 1879 :;j 

11 akd - Illinois National : 
An act to provide for the payment of the Illinois National Guard for services 
performed during the years A. D. 1877 and 1878. and for the payment of trans- 
portation, subsistence and incidental expenses of the same. Approved and in 
force April 22, 1879 33 

Hatch. O. M— Balance of Salary to: 

• An act to allow O. M. Hatch $171 10, an unpaid balance on account of salary 
and clerk hire as Secretary of State. Approved May 31, 1879; in force July 1, 
1879 ;.... 33 



Health— Board of— and Quarantine at Metropolis: 

A71 act to appropriate moneys to the State Board of Health, and to reimburse the 
City of Metropolis for expenditures under the direction of the State Board <>r 
Health. Approved May 31, 1879; in force July 1, 1879 

Horticultural Society— State : 
An act making appropriation in aid of the Illinois Horticultural Society. Ap- 
proved May 16, 1879; in force July 1, 1879 

Hospital for the Insane— Central: 

An act making appropriations to defray the ordinary expenses of the Illinois 

Central Hospital for the Insane, located at Jacksonville, for the purchase of 

land, and for making repairs and improvements to said Hospital. Approved 

May 22, 1879; in force July 1, 1879 



Hospital for the Insane — Central: 
An act making an appropriation for the purpose of constructing a sewer for the 
Illinois Central Hospital for the Insane. Approved May 29, 1879; in force July 
I. 1H79 



Hospital for the Insane— Eastern: 
An act making an appropriation for the ordinary expenses of the Illinois East- 
ern Hospital for the Insane, at Kankakee. Approved May 24. 1879; in force 
July 1, 1879 ' 36 



/. 



VI CONTENTS. 



appropriations-continued. 

Hospital for the Insane— Eastern: 
An act making- appropriations for the Illinois Eastern Hospital for the Insane, 
at Kankakee. Approved May 28, 1879; in force July 1, 1879 37 

Hospital for the Insane— Northern: 
An act making' appropriations for the ordinary and other expenses of the Illinois 
Northern Hospital for the Insane, at Elgin. Approved Mav 39, 1879; in force 
July 1, 1879 38 

Hospital for the Insane— Southern : 
An act making- appropriations for the Illinois Southern Hospital for the Insane, 
at Anna . Approved May 31, 1879 ; in force July 1, 1879 39 

Illinois Coat of Arms— For Mount Vernon: 
An act making- an appropriation for the furnishing of the ("oat of Arms of the 
State of Illinois, to be placed in the home of George Washington, at Mt. Ver- 
non. Approved May 31, 1879; in force July 1, 1879 - 39 

Johnson, Joel— Relief of: 
An act. for the relief of Joel Johnson, a messenger sent into the State of Texas 
to return a fugitive from .justice. Approved May 21, 1879; in force July 1, 1879. 40 

Natural History— Museum and State Laboratory: 
An act making- an appropriation for the ordinary expenses of the State Labora- 
tory of Natural History, at Normal, and for the improvement of the Library 
thereof, and for the increase of the Natural History collections of the State 
HistoricalLibrary and Natural History Museum, at Springfield. Approved Mav 
39, 1879; ia force July 1, 1879 • 11 

Orphans' Home— Illinois Soldiers' : 
An act to make appropriations for the Illinois Soldiers' Orphans' Home, and to 
maintain said Institution for the next two years. Approved Mav 24, 1879; in 
force July 1, 1879 43 

Penitentiary -Illinois State at joliet: 
An act making- an appropriation for the Illinois State Penitentiary al Joliet. 
Approved May 38, 1879; in force July 1, 1879 43 

Penitentiary— Illinois State at Joliet: 
An act to provide for the ordinary expenses of the Illinois State Penitentiary. 
Approved May 39, 1879; in force July 1, 1879 '. it 

Penitentiary— Illinois State at Joliet: 
An act making appropriations for renewing' the roofs of the warden house, cell- 
houses and shops, and for re-arranging- and refitting- the hospital of the Illinois 
State penitentiary, and for construction of apparatus to properly heat and ven- 
tilate the cell- houses of said penitentiary. Appioved Mav 39, 1879; in force 
July 1, 1879 45 

Penitentiary— Illinois Southern : 

An act to pay the indebtedness of the Southern Illinois Penitentiary, and meet 
the ourrent expenses thereof until April 1, 1879. Approved and in force May 
39, 1879 45 

Penitentiary— Illinois Southern : 
An act making 1 an appropriation to complete the Southern Illinois Penitentiary. 
Approved and in force May 39, 1879 lii 

Penitentiary— Illinois Southern : 
An act making an appropriation to complete the Southern Illinois Penitentiary. 
Approved May 31, 1879 ; in force July 1, 1879 17 

Penitentiary —Illinois Southern : 
An act making- appropriation for the support of the Southern Illinois Peniten- 
tiary. Approved May 31, 1879; in force July 1, 1879 is 

Reform School at Pontiac: 
An act making- appropriations for the State Reform School, at Pontiac. Ap- 
proved May 31, 1879; hi force July 1, 1819 19 



CONTENTS. VII 



APPROPRIATIONS— Continued . 

Illinois University— Industrial: 
An act making- appropriations for Illinois Industrial University. Approved May 
22, 1879; in force July ]. 1879 50 

University— Normal— at Normal: 
An act making- an appropriation for the ordinary expenses of tbe Normal Uni- 
versity at Normal, and for additions to the Library Museum and apparatus 
thereof. Approved May 21, 1879; in force July 1, 1879 51 

University— Normal— Southern . 
An act making- appropriations for the ordinary expenses of the Southern Illinois 
Normal University at Carbondale, and repairs on its building- and for additions 
to its Library, Museum and Apparatus. Approved May 24, 1879; in force July 
1, 1879 ' '. 52 

Wabash County— To Reimburse: 
An act .to reimburse the county of Wabash for loss and damage of public build- 
ings by tornado. Approved May 24, 1879. In force July 1, 1879 52 

Wilson & Peniwell— Relief of: 
An act making an appropriation for the relief of certain persons who were dis- 
abled through the premature discharge of a piece of ordnance belonging- to the 
State Arsenal. Approved May 24, 1879; in force July 1, 1879 53 

ANTMALS: 

Dogs and Sheep: 
An act to indemnifv the owners of sheep in cases of damage committed by dogs. 
Approved May 29, 1879 ; in force July 1, 1879 54 

ASSIGNMENTS-VOLUNTARY: 

Discontinuance of Proceedings: 
An act to amend an act entitled "An Act concerning voluntary assignments, and 
conferring- jurisdiction therein upon county courts," approved May 22. 1877. 
Approved May 31 1879; in force July 1, 1879 57 

ATTORNEYS AND COUNSELORS: 

Repeal : 
An act to repeal an act entitled "An act to restrain persons not attorneys to 
practice before justices of the peace," approved May 23d, 1877, in force July 
1st, 1877. Approved May 31, 1879; in force July 1, 1879 57 

BASTARDY: 

Jurisdiction: 
An act to amend an act entitled "An act concerning bastardy," approved April 
3, 1872; in force July 1, 1872. Approved and in force May 29, 1879 58 

BONDS— OFFICIAL : 

When new bonds may be required: 
An act to amend section 1, of an act entitled "An act to revise the law in rela- 
tion to official bonds," approved March 13th, 1874, in force July 1st, 1874. 
Approved May 31, 1879; in force July 1, 1879 til) 

BUREAU OF LABOR STATISTICS: 

Creating a Bureau of Labor Statistics: 
An act to create a Bureau of Labor Statistics and to provide for a Board of Com- 
missioners and Secretary. Approved May 29, 1879; in force July 1, 1879 61 

CANAL COMMISSIONERS TO MAKE DEED: 

Deed by Commissioners: 
An act to authorize and direct the Canal Commissioners to make a deed of con- 
veyance of lot four (4), in block eighteen (18), in the town of Ottawa, to the 
county of LaSalle. Approved May 31, 1879; in force July 1, 1879 62 

CEMETERIES: 

Control over: 
An act in relation to the control of public graveyards. Approved May 29, 1879. 
In force July 1, 1879 63 



VIU CONTENTS. 



CHARITIES: 

Visitation : 
An act to provide for the visitation and examination of the State Institutions, 
Approved May 31, 1879; in force July 1, 1870 63 

CTTTES, VILLAOES AND TOWNS: 

Water Works: 

An act to amend section one (1) of an act entitled "An act authorizing- cities, 
incorporated towns, and villages, to construct and inaintaiu Water Works,'' 
approved and in force April 15, 1873. Approved and in force May 14, 1879 64 

Abolishing Register's office: 

An act to amend an act entitled "An act to provide for the incorporation of 
cities and villages." Approved April 10, 1873. Approved May 15. 1879; in 
force July I, 1879 66 

Power of Mayor: 

An act to amend section 7 of article 2 of an act entitled "An act to provide for 
the incorporation of cities and villages," approved April 10, 1872; in force Julv 
1, 1872. Approved May 31, 1S79; in force July 1, 1879 to 

Ordinance levying Tax: 

An act to amend section one (1) of article eight (8) of an act entitled "An act 
to provide for the incorporation of cities and villages," approved April 10th, 
1872. Approved May 28, 1879; in force July 1, 1879 66 

Trustees— Corporate Power: 

An act to amend sections eight and thirteen of article XI. of "An act to pro- 
vide for the incorporation of cities and villages," approved April 10. 1872. 
Approved May 28, 1879; in force July 1, 1879 67 

Annual, Elections: 
An act to amend section 13 of article 11 of an act entitled ' 'An act to provide 
for the incorporation of Cities and Villages," approved April 10th, 1872, in force 
July 1st, 1872. Approved and in force March 8, 1879 68 

Changing from City to Village: 
An act to amend an act entitled "An act to provide for the incorporation of 
cities and villages," approved April 10th, A. D. 1872, in force July 1, 1872. Ap- 
proved May 29, 1879; in force July I, 1879 68 

Time for holding: 
An act relating- to Elections and to fix the time for holding- the same, in cities 
having- the same territory as an oi-ganized township. Approved Mav 6, 1879: 
in force July 1, 1879 69 

Time of opening and closing; 
An act to provide for the time of opening- and closing the polls during- eleotions 
of cities, towns and villages in this State. Approved May 29, 1879; in force 
July 1, 1879 70 

Punishment of Persons violating Ordinances: 
An act to provide for the punishment of persons violating- any of the ordinances 
of the several cities and villages in this State. Approved and in force April 12. 
1879 70 

Bridges, etc., outside City Limits: 
An act to enable cities and villages to build, acquire and maintain bridges and 
ferries outside of their corporate limits and to control the same. Approved 
and in force May 5, 1879 71 

Police and Firemen's Kelief Fund: 
An act to amend "An act for the relief of disabled members of the police and 
fire departments in cities and villages, " approved Mav 24, 1877, in force Ju- 
ly 1, 1877. Approved Mav 10, 1879; in force Julv 1. 1879." 72 



CONTENTS. IX 



CITIES, VILLAGES AND TOWNS— Continued. Page. 

Travel on bridges in Cities, Towns, etc . : 
An act to regulate the manner of travel upon bridges, the whole or a part of which 
are owned or controlled by cities, villages and towns of this State, and to pro- 
vide for the enforcing of the same. Approved and in force May 13, 1879 75 

Sewerage : 
An act to enable cities, towns and villages to contract with each other for sew- 
erage. Approved May 14, 1879; in force July 1, 1879 75 

Mayor's Bill: 
An act to repeal all except the enacting clause of section one (1) of an act en- 
titled "An act concerning the appointment and removal of city officers, in all 
cities in this State, conferring additional powers and duties upon mayors, and 
concerning appropriation bills or ordinances that may be passed in such 
cities," approved April 10th, 1875. Approved May 28th, 1879; in force July 1, 
1879 76 

Disconnecting Territory from Cities and Villages: 
An act in relation to. the disconnection of Territory from Cities and Villages. 
Approved and in force May 29, 1879 77 

Issuing Warrants: 
An act to provide for the manner of issuing warrants upon the ti-easurer of any 
county, township, city, school district or other municipal corporation, and ju- 
rors' certificates. Approved May 31, 1879; in force July 1, 1879 78 

Labor on Streets: 
An act providing for labor on the streets and alleys of all cities and villages in 
this State. Approved May 31, 1879; in force July 1, 1879 79 

He-organization of Cities: 
An act to repeal an act entitled "An act f o provide for the re-organization of 
Cities," approved April 8, 1875. Approved May 31, 1879; in force July 1, 1879., 79 

Suits— how brought: 
An act entitled "An act in regard to suits by incorporated Cities and Villages, 
and to enforce penalties and recover tines for violating the ordinances 
thereof." Approved May 31, 1879; in force July 1, 1879 79 

CLERKS OF COURTS: 

Election and Term of Office: 
An act to amend section one (1) of an act entitled "An act to revise the law in 
relation -to clerks of courts," approved March 25, 1874. Approved May 1, 1879; 
in force July 1, 1879 80 

CONVEYANCES: ' 

Deeds by Administrators with Will Annexed: 
An act to amend section thirty-four (34) of the act entitled "An act concerning 
conveyances," approved March 29, 1872. Approved and in force May 1, 1879... 8(1 

United States Patent— Loss— Record or Copy: 
Act to amend an act entitled "An act Concerning Con vevances," approved 
March 29, 1872. Approved May 29, 1S79; in force July 1, 1879 81 

CORONERS: 

Jury: 
An act to amend section 10 of an act entitled ' 'An act to revise the law in rela- 
tion to Coroners, ' ' approved February 6, 1874, in force July 1, 1874 Approved 
May 31, 1879. In force July 1, 1879 . 82 

CORPORATIONS: 

For Pecuniary Profit: 
An act to amend section one of an act entitled ' 'An act concerning corporations, ' ' 
approved April 18, 1872, in force July 1, 1872. Approved April 19, 1879; in 
force July 1, 1879 ] ........ 82 

Not for Pecuniary Profit: 

An act to afford relief to total aostinence societies in this State. Approved and 
in force May 20, 1879 83 



CONTENTS. 



CORPORATIONS— Continued. Page. 

Homestead— Loan Associations: 
An act. to enable associations of persons to become a body corporate to raise 
funds to be loaned only among the members of such association. In force 
July 1, 1879 83 

COUNTIES: 

Issuing Bonds: 
An act to amend section 40 of an act entitled "An Act to revise the law in rela- 
tion to counties," approved and in force March 81, 1874. Approved May 31, 
1879; in force July 1,1879 . 87 

Commissioners— Powers and Duties: 
An act to amend sections sixty (60) and sixty-one (61) of an act entitled "An act 
to revise the law in relation to counties," approved and in force March 31, 
1874. Approved May 20, 1879; in force July 1, 1879 88 

Uniting Counties: 
An act to amend an act entitled "An act to revise the law in relation to coun- 
ties," approved March 31, 1874. Approved May 31, 1879; in force July 1, 1879.. 89 

COURTS : 

Appellate Courts: 
An act to amend an act entitled "An act to establish Appellate Courts," ap- 
proved June 2, 1877. Approved and in force February 28, 1879 96 



Jury Dispensed with: 
An act to amend section 2 of an act entitled "An act concerning Circuit Courts, 
and to fix the times for holding- the same, in the several counties in the judicial 
circuits in the State of Illinois, exclusive of the county of Cook," approved 
Mav2, 1873, in force July 15, 1878. Approved Mav 24, 1879; in force July 1, 
1879 . 96 

Supreme Court -Grand Divisions: 
An act to amend section one (1) of an act entitled "An act to revise the law in 
relation to the Supreme Court," approved March 23d, 1874, and in force July 1st, 
1874. Approved May 21, 1879; in force July 1st, 1879 97 

Supreme Court— Time of Holding: 
An act to fix the time of holding the Supreme Court. Approved June 4, 1879; in 
force July 1, 1879 9S 

Terms of Circuit Courts: 
An act concerning Circuit Courts, and to fix the time for holding the same, in 
the several counties in the judicial circuits in the State of Illinois, exclusive of 
the county of Cook. Approved May 24, 1879; in force July 1, 1879 99 



Terms of Circuit Courts— McLean and Ford Counties: 
An act to fix the time for holding the Circuit Courts in the counties of McLean 
and Ford. Approved and in force March 28, 1879 102 

Term of Circuit Court— Fulton County: 
An act providing for a term of the Circuit Court of Fulton county, in May, 1879, 
and legalizing the judicial proceedings therein named. Approved and in 
force May 21, 1879. . 103 

COUNTY COURTS: 

Change of Terms: 
An act to amend section nine (9) of an act entitled "An act to extend the juris- 
diction of county courts, and to provide for the practice thereof, to fix the 
time for holding the same, and to repeal an act therein named." Approved 
March 26, 1874, in force July 1, 1874. Approved Mav 13, 1879; in force July 
1, 1879 104 

Change of Terms: 
An act to amend sections twelve (12), thirty- six (36), thirty-eight, (38), forty-five 
(45), forty-nine '49), fifty-one (51) and seventy-five (75). of an act entitled "An 
act to extend the jurisdiction of county courts, and to provide, for the practice 
thereof, to fix the time of holding the same, and to repeal a certain act 
therein named, " approved March 26th, 1874, as amended by act in foice 
July 1, 1875. Approved May 15, 1879; in force July 1, 1879 105 



CONTENTS. XI 



COUNTS COUKTS-Continued. Page. 

Change of Terms: 
An act to amend an act entitled ' 'An act to amend section 21 of an act entitled 
"An act to extend the jurisdiction of county courts, and to provide for the 
practice thereof, to fix the time for holding- the same, and to repeal an act 
therein named," approved May 22, 1877, in force Julv 1, 1877. Approved and 
in force May 15, 1870 105 

Change of Terms: 
An act to amend section fifty-two (52) of an act entitled "An act to extend the 
jurisdiction of county courts, and to provide for the practice thereof, to fix the 
time for holding- the same, and to repeal an act therein named, ' ' approved 
March 26, 1874, in force Julv 1, A. D. 1874. Approved May 15, 1879; in force 
July 1, 1879 100 

Change of Terms: 
An act entitled "An act to amend section 6) of an act entitled "An act to extend 
the jurisdiction oi county courts, and to provide tor the practice thereof, to 
fix the time for holding- the same, and to repeal an act therein named," ap- 
proved March 26, 1874, in force Julv 1, 1874 Approved Mav 10, 1879; in force 
July 1, 1879 106 

Change of Terms: 
An act to amend an act entitled "An act to extend the jurisdiction of the county 
courts, and to provide for the practice thereof, to fix the time for holding- the 
same, and to repeal an act therein named," approved March 26, 1874, in force 
July 1, 1874. Approved May 13, 1879; in force July 1, 1879.' 107 

Change of Terms: 
An act to amend section 70 of an act entitled "An act to amend sections seventy 
(70), eighty-six (86), and one hundred and nine (109), of an act entitled 'An act 
to extend the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time for holding- the same, and to repeal an act therein 
named,' " approved March 26, 1874, approved April 13, 1875. Approved Mav 
13, 1879; in force July 1, 1879 107 

Change of Terms: 
An act to amend section seventy-nine (79) of an act entitled "An act to extend 
the jurisdiction of County Courts, and to provide for the practice thereof, to 
fix the time for holding- the same, and to repeal an act therein named, ap- 
proved March 26, 1871 Approved May 10, 1879; in force July 1, 1879 107 

Chang*: of Terms: 

An act to amend section 84 of an act entitled "An act to extend the juris- 
diction of county courts, and to provide for the practice thereof, to fix the 
time for holding- the same, and to repeal an act therein named " Approved 
March 26, 1874 Approved February 22, 1877. In force Julv 1, 1877. Approved 
and in force May 10, 1879 108 

Change of Terms: 
An act to amend section ninety-three (93) of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice thereof, to 
tix the time for holding the same, and to repeal an act therein named," ap- 
proved March 26, 1874. Approved May 13, 1879; in force July 1, 1879 108 

Change of Terms: 
An act to amend section one hundred and seven (107) of an act entitled "An act 
to extend the jurisdiction of the county courts, and to provide for the practice 
thereof, to fix the time for holding the same and to repeal an act therein 
named," approved March 26. 1874. In force Julv 1, 1874; approved May 13, 
1879; in force July 1, 1879 .' p)9 

Interchange of Judges: 
An act to authorize county judges to interchange, hold court for each other, 
and perform each others duties Approved May 31, 1879; in force July 1, 1879. 109 

City Courts: 
An act to amend section 21 of an act entitled "An act to amend sections five (5), 
ten and twenty-one of an act entitled 'An act in relation to courts of record 
in cities.' approved March 26, 1874;" amendment there to approved May 21, 
1877. Approved May 31, 1879; in force July 1, 1879 110 

CRIMINAL CODE: 

Adulteration: 
An act to regulate the sale of Milk, and to provide penalties for the adultera- 
tion thereof Approved May 29, 1879; in force July 1, 1879 Ill 



XII CONTENTS. 



CRIMINAL CODE— Continued. Page. 

Concealing Property: 
An act punishing- persons hiding- or concealing property levied upon by legal pro- 
cess or held under a distress warrant. Approved May 31, 1879; in force July 
1, 1879 113 

Depositors— Protection of Bank: 
An act for the protection of bank depositors. Approved June 4, 1879; in force 
July 1, 1879 113 

Disorderly Conduct: 
An act to amend an act entitled "An act to revise the law in relation to Crimi- 
nal Jurisprudence," approved March 27th, 18".4, in force July 1st, 1874. Ap- 
proved May 24, 1879; in force July 1, 1879 114 

False Pretenses: 

An act to amend an act entitled "An act to revise the law in relation to Crimi- 
nal Jurisprudence," approved March 27, 1874. Approved May 29, 1879; in 
force July 1, 1879 115 

Gaming: 
An act to prevent the playing of cards, dice, balls, or any other article or de- 
vice used in gaming by minors, in saloons or in places where intoxicating 
liquors are sold. Approved and in force May 20, 1879 '. 115 

G haves— Graveyards and Cemeteries: 
An act to amend section 138, division 1, of an act entitled "An act to revise the 
law in relation to Criminal Jurisprudence," approved March 27, 1874; in force 
July 1, 1874. Approved May 21, 1879; in force July 1, 1879 116 

Labels— Substances Purporting to be Butter or Cheese: 
An act to prevent frauds in the manufacture and sale of butter and cheese. 
Approved May 31, 1879; in force July 1, 1879 110 

Larceny : 

An act to amend the Criminal Code, to change the punishment of persons con- 
victed of the crime of petit larceny and misdemeanors, and to repeal an act 
entitled "An act to- amend section 168 of an act entitled "An act to revise the 
law in relation to Criminal Jui-isprudence, ' ' approved March 27, 1874, approved 
April 10, 1877, in force July 1, 1877. Approved May 28, 1879; in force July 1, 
1879 117 

Malicious Mischief: 
An act to amend section 186 of an act entitled "An act to revise the law in re- 
lation to Criminal Jurisprudence," approved March 27th, 1874, in force July 1, 
1874. Approved May 31, 1879; in force July 1, 1879 118 

Keeping Boat for Purpose of Prostitution: 
An act to amend the Criminal Laws of the Stare. Approved May 31, 1879; in 
force July 1, 1879 119 

DRAINAGE: 

Drains, Ditches, and Levees. For Agricultural, Sanitary and Mining purposes: 
An act to provide for the construction, reparation and protection of drains, 
ditches and levees across the lands of others, for agricultural, sanitary and 
mining purposes, and to provide for the organization of Drainage Districts. 
Approved and in force May 29, 1879 120 

Construction, Maintenance and Repair of Drains and Ditches by Special 

Assessment: 

An act to provide for the organization of Drainage Districts and to provide for 
the construction, maintenance and repair of drains and ditches, by special as- 
sessments on the propertv benefitted thereby. Approved May 29, 1879; in force 
July 1, 1879 142 

Refunding Money: 
An act to provide for the refunding of moneys levied and collected under and 
by virtue of "An act to provide for the construction and protection of drains, 
ditches, levees and other works, " approved April 24, 1871, in force July 1, 187], 
and to provide to* the recovery of the same by action. Approved and in force 
May 14, 1879 160 

ELECTIONS: 

Registration of Electors: 
An act to amend section one (1) of an act entitled "An act for the Registry of 
Electors, and to Prevent Fraudulent Voting, ' ' approved and in force February 
15, 1865. Approved May 31, 1879; in force July 1, 1879 160 



CONTENTS. XIII 



EVIDENCE AND DEPOSITIONS: Page. 

Partners and Joint Contractors: 

An act to amend section four, of an act entitled, ' 'An act in regard to evidence 
and depositions in civil cases," approved March 29, 1872; in force July 1, 1872. 
Approved May 31, 1879; in force July 1, 1879 161 

Attendance of Witnesses before Commissioners, etc.: 
An act to amend section thirty-six of an act entitled, "An act in regard to ev- 
idence and depositions in civil eases," approved March 29, 1872. Approved 
May 31, 1879; in force July 31, 1879 162 

FEES AND SALARIES: 

Fees of County and Township Officers: 
An act to amend section 13 ot an act entitled "An act concerning Fees and Sal- 
aries, and to classify the several counties of the State with reference thereto," 
approved March 29, 1872, in force July 1, 1872. Title as amended by act ap- 
proved March 28, 1874, in force July 1, 1874. Approved and in force May 20, 
1879 162 

Fees of Jurors: 
An act to amend section 44 of an act entitled "An act concerning Fees and Sal- 
aries, and to classify the several counties of the State with reference there- 
to," approved March 29, 1872, title as amended by an act approved March 28, 
1874. Approved May 31, 1879; in force July 1, 1879 163 

Fees of Clerks of Probate Courts in Counties of the Third Class: 
An act to provide for fees of Clerks of Probate Courts in counties of the third 
class. Approved May 29, 1879; in force July 1, 1879 164 

FISH : 

Brook Trout: 
An act to protect brook trout. Approved May 29, 1879; in force July 1, 1879 167 

Fish— Cultivation oe: 

An act entitled an act to encourage the cultivation of fishes within the State of 
Illinois . Approved and in force May 13, 1879 168 

Fish -ways: 
An act to amend section one (1) of an act entitled "An act to prevent the des- 
truction of fish in the State of Illinois, and secure the unobstructed passage of 
fish in all the waters of this State, wherein they were once accustomed to be 
found," approved March 22, 1872; in force Julv 1, 1872. Approved May 31, 
1879; in force July 1, 1879 170 

Fish— Obstructing Passage of: 
An act to amend an act entitled "An act to secure the free passage of fish in 
all the waters of thi« State," approved March 25, 1874, in force Julv 1, 1874. 
Approved May 31, 1879; in force July 1, 1879 171 

Fish— Propagation of: 
An act entitled an act to establish a Board of Commissioners to increase the 
product of the fisheries, by artificial propagation and cultivation. Approved 
May 13, 1879; in force July 1, 1879 171 

FORCIBLE ENTRY AND DETAINER: 

Appeal— Writ of Restitution: 
An act to amend section one (1) of an act entitled "An act lo amend sections 18 
and 20 of an act entitled 'an act in regard to forcible entry and detainer.' " 
approved and in force February 16, 1874, approved May 24, 1877. Approved 
May 31, 1879; in force July 1, 1879 172 

GAME: 

When Game not to be Killed: 
An act to revise ana consolidate the several acts relating to the protection of 
game, and for the protection of deer, wild fowl and birds. Approved May 14, 
1879; in force July 1, 1879 173 

GARNISHMENT: 

Exemption : 
An Act to amend Seciion Fourteen of "An act in regard to Garnishment." Ap- 
proved May 31, 1879; in force July 1, 1879 17 



XIV CONTENTS. 



garnishment-continued , page. 

Transcript to Other Counties: 
An act to revise and enlarge the law in relation to garnishments in justices' 
courts. Approved June 4, 1879; in force July 1, 1879 176 

HOUSES OF CORRECTION: 

Establishment of: 
An act to amend "An act to establish houses of correction and authorize the 
confinement of convicted persons therein, " appproved April 25, 1871; in 
force July 1, 1871. Approved May 31, 1879; in force July 1, 1879 177 

INSURANCE: 

Who may Incorporate: 
An act to amend section one (1) of an act entitled "An act to incorporate and to 
govern tire, marine and inland navigation insurance companies doing- business 
in the State of Illinois," approved March 11, 1869, and to fix the liability of 
certain insurance companies organized under said act. Approved May 31, 1879; 
in force July 1, 1879 178 

Tax on net Receipts: 
An act to amend section thirty (30) of an act entitled "An act to incorporate 
and to govern Are, marine and inland navigation insurance companies doing 
business in the State of Illinois," approved March 11, 1869. Approved May 31, 
1879; in force July 1, 1879 179 

Compliance with General Law: 

An act to compel all Insurance Companies of other S»ates and countries, doing- 
any kind of insurance business in this State, other than life, to comply with 
the general Are and marine insurance laws, of this State, and to require 
deposits of plate glass, accident and steam boiler insurance companies Ap- 
proved May 31, 1879; in force July 1, 1879 ISO 

Statement— Financial Standing : 
An act to prevent Fire Insurance Companies from advertising- as assets anything 
not available for the pavment of losses by tire. Approved May 31, 1879; in 
force July 1, 1879 180 

Foreign Companies: 
An act for the better regulation of the business of insurance, and for the pro- 
tection of the citizens of this State, in their dealings with insurance compan- 
ies. Approved June 1, 1879; in force July 1, 1879 182 

INTEREST: 

Rate, etc. : 
An act to revise the law in relation to the rate of interest, and to repeal cer- 
tain acts therein uamed. Approved May 34, 1879; in force July .1, 1879 181 

Gas Companies to Pay: 
An act to compel Gas Companies to pay interest on deposits made by parties at 
the request of such companies. Approved May 29, 1879; in force July 1, 1879. 186 

JUDGMENTS, DECREES. ETC.: 
Redemption: 
An act to amend section eighteen (18) oi an act entitled "An act in regard to 
judgments and decrees, and the man ler of enforcing the same by execution, 
and to provide for the redemption of real estate sold under execution or de- 
cree." approved Maich 22, 1872 (as amended by act approved April 29th, 1873, 
and in force July 1, 1873); and also to amend sections twentv (20) and twenty - 
one (21) of said act, approved March 22, 1872. Approved May 31, 1879; in force 
July 1, 1879 187 

JURORS: 

Exemptions: 
An act to amend section 4 of an act entitled "An act concerning- Jurors, and to 
repeal certain acts therein named," approved and in force February 11, 1874. 
Approved May 31, 1879; in force July 1, 1879 188 

Summons for Petit Jurors: 
An act to amend section ten (10) of an act entitled, "An act concerning- Jurors, 
and to repeal certain acts therein named," approved and in force February 11, 
1871 . Approved May 31, 1879 ; in force July 1, 1879 189 



CONTENTS. XT 



JUSTICES AND CONSTABLES: Page. 
Venue Changed: 
An act to amend section thirty (30) of an act entitled, "An act to provide for 
the election and qualification of Justices of the Peace and Constables, and t<> 
provide for the jurisdiction and practice of Justices of the Peace in civil cases, 
and to fix duties of Constables, and to repeal certain acts therein named, " ap- 
proved April 1st, 1872, in force July 1, 1872. Approved May 21, 1879; in force 
July 1, 1879 189 

Appeals— Damages— Judgments: 
An act to amend section seventy-one of an act entitled "An act to provide for 
the election and qualification of justices of the peace and constables, ami to 
provide for the jurisdiction and practice of justices of the peace in civil cases, 
and fix the duties of constables and to repeal certain acts therein named." 
Approved May 31, 1879; in force July 1, 1879 190 



LIENS: 

Limitation: 
An act to amend section twenty-eight (28) of an act entitled "An Act to revise 
the law in relation to liens," approved March 25th, 1871. Approved May 21, 
1879; in force July 1, 1879 191 

MILITARY CODE: 

Liability— Exemption, etc . : 
An act to provide for the organization of the State Militia, and entitled "The 
Military Code of Illinois." Approved May 28, 1879; in force July 1, 1879 192 

MINERS: 

Health and Safety of Miners: 

An act providing for the health and safetv of persons employed in coal mines. 
Approved May 28, 1879; in force July 1, 1879 204 

MORTGAGES: 

Powers of Sale on Mortgages and Trust Deeds: 
An act in relation to Mortgages and Trust Deeds. Approved May 7, 1879; in 
force July 1, 1879 '. 211 

PARKS: 

Continuance of Towns for Park Purposes: 
An act concerning the continuance of towns for park purposes. Approved May 
28, 1879; in force July 1, 1879 212 

Corporate Authorities— Bonds— Payment : 
An act to amend section one, of an act entitled "An act in regard to the com- 
pletion, improvement and management of public parks and boulevards, and to 
provide a more efficient remedy for the collection of delinquent assessments, ' ' 
approved May 2, 1873, and to further amend said act by adding thereto sections 
to be numbered sixteen (16), seventeen (17), eighteen (18), nineteen (19) and 
twenty (20). Approved and in force May 31, 1879 213 

Drives to Public Parks: 
An act to enable Park Commissioners or corporate authorities to take, regulate, 
control and improve public streets leading to public parks; to pay for the im- 
provement thereof, and in that behalf to make and collect a special assessment, 
or special tax on contiguous property. Approved and in force April 9, 1879 216 

Park Purposes— Property for: 
An act to authorize Park Commissioners to take by grant, devise, bequest or 
conveyance, property for park, driveway, and other purposes therewith con- 
nected. Approved and in force May 31, * 1879 217 

PARDONS: 

Pardons— Applications for: 
An act to regulate the manner of applying for pardons, reprieves and com- 
mutations. Approved May 31, 1879; in force July 1, 1879 218 

PAWNBROKERS: 

Regulation of: 

An act for the regulation of Pawnbrokers. Approved June 4, 1^79; in force July 
1 , 1879 219 



XVI CONTENTS. 



PENITENTIARY: Page. 

Penitentiary— Southern: 
An act to amend section eleven of an act entitled "An act to locate, construct 
and carry on the Southern Illinois Penitentiary," approved May 24, 1877. Ap- 
proved and in force April 5, 1879 219 

Penitentiary— at Joliet: 
An act to amend an act entitled "An act in relation to the Penitentiary at Joliet, 
to be entitled "An act to provide for the management of the Illinois State 
Penitentiary at Joliet," approved June 16th, 1871, in force July 1st, 1871. Ap- 
proved May 31, 1879; in force July 1, 1879 220 

PRACTICE: 

When Record to be filed: 
An act to amend section 72 of an act entitled "An act in regard to practice in 
courts of record," approved February 22, 1872, as amended by an act entitled 
"An act to amend an act entitled an act in regard to practice in courts of 
record," approved June 2, 1877. Approved May 24, 1879: in force July 1, 1879.. 221 

Appeals— Bonds not Required: 

An act to amend sections seventy-one (71), and eight-eight (88), of an act en- 
titled "An act to amend "An act in regard to Practice in Courts of Record," 
approved February 22nd, 1872, approved June 2, 1877, in force July 1, 1877. Ap- 
proved June 3, 1879; in force July 1, 1879 222 

RAILROADS: 

Conductors -Police Powers: 
An act to amend an act entitled "An act for the protection of passengers on 
railroads," approved May 14, 1877; in force July 1, 1877. Approved May 29, 
1879; in force July 1, 1879 , 223 

Fencing Track— Cattle Guards: 
An act to amend an act entitled "An act to amend section one of an act entitled 
An act in relation to fencing and operating railroads," approved March 31st, 
1874, approved May 23, 1877, in force July 1st, 1877. Approved May 29, 1879; 
in force July 1, 1879 224 

Stop at Stations: 
An act to amend section twenty-five of ' 'An act in relation to fencing and oper- 
ating railroads, " approved March 31, 1874, in force July 1, 1874. Approved 
May 29, 1879; in force July 1, 1879 225 

RAILROADS AND WAREHOUSES: 

Fees of Committee of Appeals: 
An act to amend section four (4) of an act entitled "An act to amend an act en- 
titled ' 'An act to regulate Public warehouses and the warehousing and inspec- 
tion of grain, and to give effect to Article thirteen (13) of the Constitution of 
the State," approved April 25, 1871, in force July 1, 1871, and to establish 
a Committee of Appeals, and prescribe their duties," approved April 15, 1873. 
In force July 1, 1873. Approved May 31, 1879: in force July 1, 1879 226 

Chief Inspector— Duties of: 

An act to amend section fourteen (14), of an act entitled "An act to regulate 
public warehouses, and the warehousing and inspection of grain, and to give 
effect to article thirteen J3; of the constitution of this State," approved April 
25, 1871, in force July 1, 1871. Approved and in force May 28, 1879 226 

RAILROAD AND IMPROVEMENT AID BONDS: 

New Bonds may be Issued, etc. : 
An act to amend an act, approved April 27, 1877, entitled "An act to amend an 
act entitled "An act relating to county and city debts, and to provide for the 
payment thereof by taxation, in such counties and cities, approved February 
13, 1865, and to amend the title thereof." Approved June 4, 1879; in force 
July 1, 1879 229 

Bonds— By Whom Executed: 
An act to amend an act entitled "An act to amend an act entitled "An act re- 
lating to county and city debts, and to provide for the payment thereof bj r tax- 
ation in such counties and cities," approved February 13, 1865, and to amend 
the title thereof, approved and in force April 27, 1877. Approved May 28, 1879; 
in force July 1, 1879 235 



CONTENTS. 



RECEIVERS AND ASSIGNEES: Page. 

Duties— Removal : 

An act relating- to receivers and assignees of banks, banking- institutions, bank- 
ing firms and savings banks. Approved May 31, 1879; in force July 1, 1879 ... 236 

RECORDERS: 

Deputy Recorder: 
An act to amend section seven (7) of an act entitled "An act to revise the law 
in relation to Recorders, " approved March 6th, 1874. Approved and in force 
March 20, 1879 237 

Vacancy— Deputy Recorder : 
An act to legalize the acts of Deputy Recorders. Approved and in force March 
20, 1879 237 

RECORDS: 

United States Land Office: 
An act to designate a custodian for the transcripts, documents and records per- 
taining to "the Dnited States Land Office, formerly located at Springfield, Illi- 
nois . Approved and in force May 21, 1879 238 

REPLEVIN: 
Bond: 



^n act to amend sections ten and twenty-five of an act entitled " 
revise the law in relation to replevin," approved February 9th, 1874. 
July 1st, 1874. Approved May 28, 1879; in force July 1, 1879 



An act to 
In force 
338 



REVENUE: 

Forfeiture: 

An act to amend section 230 of an act entitled "An act for the assessment of 
property and for the levy and collection of taxes, ' ' approved March 30, 1872, 
and in force July 1, 1872. Approved May 29, 1879; in force July 1, 1879 239 

Listing Property— Assessment Book— Review of Assessment, etc. : 

An act to amend sections flfty-eig-ht (58), sixty-six (66), as heretofore amended: 
sixty-nine (69), seventy -(70), seventy-six (76), eighty-six (86), eighty-nine (89), 
ninety (90), ninety-two (92), as heretofore amended; ninety-eig-ht (98), one hun- 
dred and twenty-three (123 , one hundred and twenty-five (125), one hundred 
and twenty-six (126(, one hundred and twenty-eight (128), one hundred and 
thirty-two (132), one hundred and sixty-one (161), one hundred sixty-three 
(163),' one hundred and seventy (170), one hundred and seventy-one (171), one 
hundred and seventy-two (172), one hundred and eighty (180), one hundred and 
eighty-one (181), as heretofore amended; one hundred and eighty-eight (188), 
one hundred and eighty nine (189), one hundred and ninety (190), one hun- 
dred and ninety three (193), as heretofore amended: one hundred and ninety-four 
(194), two hundred (200), and two hundred and eleven (211), of an act entitled 
' 'An act for the assessment of property, and i or the levy and collection of taxes, ' ' 
approved March 30, 1872, in force July 1, 1872; and to repeal sections one hun- 
dred and 1wenty-four (124), one hundred and ninety-five (195), one hundred and 
ninetv-eight (198), and two hundred and twenty-six (226), of said act. Approved 
May 29, 1879;"*in force July 1, 1879 240 

Rules for Valuing Personal Property: 

An act to amend sections three (3) and thirty-two (32; of an act entitled "An act 
for the assessment of property, and for the levy and collection of taxes," ap- 
proved March 30, 1872. Approved May 13. 1879; in force July 1, 1879. 251 

Schedule— Fori eited Property : 

An act to amend sections 24, 129, 177, as amended; 224 and 227 of an act entit'ed 
"An act for the assessment of property and for the levy and collection of 
taxes," approved March 30, 1872. Approved May 31, 1879; in force July 1, 
1879 252 

State Tax : 

An act to provide the necessary revenue for State purposes. Approved May 31, 
1879; in force July 1, 1879 254 



Survey by Clerk: 

An act to amend section sixty-three (63) of an act entitled ' 'An act for the assess- 
ment of property, and for the lew and collection of taxes," approved March 
30, 1872, in force July 1, 1872. Approved May 31, 1879; in force July 1, 1879.... 



XVIII CONTENTS. 



REVENUE— Continued. 

Tax— Deed — Notice : Page 
An a^t to amend section two hundred and sixteen of an act entitled ' 'An act for 
the assessment of property and for the levy and collection of taxes, ' ' approved 
March 30, 1872, in force July 1, 1872. Approved May 31, 1879; in force July 1, 
1879 256 

ROADS AND BRIDGES: 

In Counties under Township Organization: 
An act in regard to Roads and Bridges in counties under township organiza- 
tion. Approved May 28, 1879; in force July], 1879 257 

Destruction of Noxious Weeds: 
An act requiring the destruction of the cockle-burr weed or plant. Approved May 
31, 1879; in force July 1, 1879 284 

SCHOOLS: 

Directors -Schools: 
An act to provide for the appointment of School Directors, and members of the 
Board of Education in certain cases. Approved May 29, 1879; in force July 1, 
1879 285 

Districts— School : 
An act to amend section thirty-three (33) of an act entitled "An act to amend 
sections 24 and 33 of an act entitled 'An act to establish and maintain a system 
of free schools." approved April 1, 1872, approved May 23, 1877, in force July 
1, 1877. Approved May 31, 1879; in force July 1, 1879 286 

Free Schools— Amendments of Law: 
An act to amend an act entitled "An act to establish and maintain a system of 
Free Schools," approved April 1, 1872; and section forty-seven (47) of said act 
as amended by an act approved May 11, 1877. Approved June 3, 1879; in force 
July 1, 1879 290 

School for Girls— Industrial: 
An act to aid industrial schools for girls. Approved May 28, 1879; in force July 
1, 1879 309 

STATE HOUSE COMMISSIONERS: 

Office Abolished: 
An act to abolish the office of State House Commissioners. Approved and in 
force May 24, 1879 314 

STATUTES: 

Repeal : 

An act to repeal an act entitled ' 'An Act in relation to certain fines and penal- 
ties in Cook county," approved February 23, 1867; in force February 23, 1867. 
Approved May 31, 1879; in force July 1, 1879 315 

TOLL BRIDGES: 

Injuring or Running Gate: 
An act to amend section thirteen of an act entitled "An Act to revise the law 
in relation to Toll Bridges," approved March 23, 1874, in force July 1, 1874. 
Approved May 28, 1879; in force July 1, 1879 315 

TOWNSHIP ORGANIZATION: 
Change of Organization: 
An act to authorize counties changing from township organization to county or- 
ganization to assess a poll tax, road labor and road tax at any meeting of the 
countv commissioners during the first year after such change. Approved and 

in force May 28, 1879 316 

Town Clerk: 
An act to amend article thirteen (13) of an act entitled "An act to revise the 
law in relation to Township Organization." approved and in force March 4th, 
1874. Approved May 29, 1879; in force July 1, 1879 316 

UNCLAIMED PROPERTY: 

Sale of: 
An act to amend section three (3) of an act entitled "An act to provide for the 
sale of unclaimed property by common carriers, warehousemen and inn-keep- 
ers," approved March 28th, 1874, and to amend the title thereof. Approved 
May 13, 1879; in force July 1, 1879 317 



CONTENTS. 



VENUE: Page. 

Prejudice of Judge: 
An act to amend section twenty-one of an act entitled ' 'An act to revise the 
law in relation to change of venue," approved March 25, 1874, in force July 1, 
1874. Approved May 31, 1879; in force July 1. 1S79 ... 317 



JOINT RESOLUTIONS. 



Black Hawk War 318 

Canvass of Votes- -State Officers 319 

Chaplains „. 319 

Custom House and Post Office, Chicago 319 

Election of County Officers 320 

Election of United States Senator . . 320 

Illinois and Michigan Canal 321 

Improvement of Mississippi River 322 

Improvement of Harbor at Waukegan 322 

Improvement of Quincy Bay 323 

International Exhibition, Mexico 324 

Janitors and Employes 324 

Joint Rules 325 

Passage of Senate and House Bills; Swamp and Overflowed Lands 325 

State Printing 325 



PUBLIC LAWS OF ILLINOIS. 



AGRICULTURE. 



§ 1. Amends law, and provides for the election of State Board of Agriculture. 

An Act to amend section one (1) of an act entitled, "An Act to revise 
the law in relation to the Department of Agriculture, County Agri- 
cultural Boards and Agricultural -Fairs.' 1 '' Approved March 2 7, 18 74, 
in force July 1* 1874. Approved April 9, 1875, in force July 1, 1875. 
Approved May 29, 1879, in force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of an act 
entitled, "An act to revise the law in relation to the Department of 
Agriculture, County Agricultural Boards, and Agricultural Fairs," ap- 
proved March 27, 1874, in force July 1, 1874, approved April 9, 1875, 
and in force July 1, 1875, be amended so as to read as follows: 

Section 1. The Department of Agriculture, for the promotion of 
agriculture and horticulture, manufacturers and the domestic arts, shall be 
continued, and shall be managed by a board,' styled, "The State Board 
of Agriculture," to consist of a president, and one vice-president from 
each congressional district in this State, and of the last ex-president of 
the State Board of Agriculture; said president and vice-presidents to 
be elected on the fair grounds on the first Wednesday of the annual 
State fair in 1880, and every two years thereafter on Wednesday of 
the week of the State fair, by delegates or alternates chosen by the 
several county, union or district agricultural boards, in counties where 
such boards exist, and by the board of supervisors, or the county 
board, as the case may be, in counties where no agricultural board 
exists; each county to be entitled to three delegates, and no more. 
Provided, that in counties having more than one agricultural organiza- 
tion, which shall have complied with the provisions of this act, said 
delegates, shall be chosen by the several county, union or district 
agricultural societies, in such manner as the various organizations may 
themselves agree, if they fail in agreeing, then the State Board of 
Agriculture shall prescribe. The members of the State Board of Agri- 
culture, shall enter upon the duties of their office, on the second Tues- 
day of January succeeding their election, and shall hold their office 
for two years, and until their successors are elected and enter upon 
their duties. Provided, that in case any such county, Union or district 
board shall have failed, or shall hereafter fail to hold fairs, or other- 
wise comply with the provisions of section eight (8) of this act, for 
three consecutive years; such board, shall forfeit all right to benefits 
accruing under section 13 of this act, and any other agricultural 
association which may have complied, or which may comply with the 
provisions of this act, shall be entitled to such benefits. 

Approved May 29, 1879. 



APPROPRIATIONS. 



APPROPRIATIONS. 



AGRICULTURE— STATE BOARD. 

8 1. Appropriations for 1879 and 18S0. I 8 3. Payment to district and county boards. 

8 2.. Wnen and how drawn. 

An Act making an appropriation for the State Board of Agricul- 
ture, and the County and other subordinate boards of agriculture. 
Approved May 24, 1879. In force July 1, 1879. 

Section 1. [Appropriations por 1879 and 1880.] Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, That there be and is hereby appropriated to the State 
Board of Agriculture, the sums following, to-wit: For the payment 
of premiums at the annual State fair, the sum of three thousand dol- 
lars, per annum, for the years 1879 and 1880; and for the use of county, 
district or other subordinate agricultural boards, the sum of one hun- 
dred dollars, per annum, ea^h, for the years 1879 and 1880. For the 
salary of the secretary, the sum of two thousand dollars per annum 
for the years 1879 and 1880. For clerk hire, the sum of one thousand 
dollars, per annum for the years 1879 and 1880. For porter, the sum 
of six hundred dollars, per annum, for the years 1879 and 1880. For 
curator, the sum of six hundred dollars, per annum, for the years 18"9 
and 1880. For the museum, the sum of fifteen hundred dollars, per 
annum for the years 1879 and 1880. For the expense of collecting 
and publishing monthly crop statistics, the sum of one thousand dol- 
lars per annum for the years 1879 and J 880. For the purchase of 
books, maps and charts, the sum of five hundred dollars per annum, 
for the years 1S79 and 1880. For repairs, postage, expressage and 
other incidental office expenses, the sum of five hundred dollars, per 
annum for the years 1879 and 1880. 

§ 2. [When and how drawn.] That on the order of the presi- 
dent, countersigned by the Secretary of the State Board of Agriculture, 
and approved by the (ioVernor, the State Auditor shall draw his warrant 
upon the treasurer in favor of the Treasurer of the State Board of 
Agriculture for the sums herein appropriated: Provided, That each 
warrant shall show the Agricultural Board for whose benefit the same 
is drawn, and that no warrant shall be drawn in favor of any agricul- 
tural board unless the order aforesaid be accompanied by a cer- 
tificate of the State Board of Agriculture, showing that such subordi- 
nate district or county agricultural board have held an agricultural fair 
during the preceding year in compliance with the rules and regulations, 
as provided for by law: Provided, further, That no part of the moneys 
herein provided for shall be drawn from the public treasury prior to 
the first day of July A. 13. 1879. 

§ 3. [Payment to District and County Boards. | It shall be 
the duty of the Treasurer of the State Board of Agriculture to pay 
over to the proper officer of the subordinate district or county agricul- 



APPROPRIATIONS. 



tural board the sum received for its use and benefit, as aforesaid, and 
to make a biennial report to the Governor of all such appropriations 
received and disbursed by him. 



Approved May 24, 1879. 



AGRICULTURAL COLLEGE. 



1. Lands to be sold. 

2. Appraisers compensation. 

3. Auditor to advertise and sell. 

4. Subdivision into tracts. 
6. Deed— Mortgage. 



§ 7 
§ 8 
§ 9 
§10 



Time of sale— notice. 

Manner of sale. 

Payment— application of fund. 

Appropriation to pay indebtedness. 

Emergency. 



An Act authorizing the sale of lands owned by the State of Illinois, 
and known as the Illinois Agricultural College Farm, at Irvington, 
and to appropriate money to discharge the liens thereon. Approved 
and in force May 31, 1879. 

Section 1. [Lands to be Sold.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That all the 
lands connected with and adjacent to the Illinois Agricultural College, 
situate in the town of Irvington, county of Washington, State of 
Illinois, belonging to the State of Illinois, being five hundred and sixty 
(560) acres, more or less, the title to which was vested in the State by 
virtue of the decree of the circuit court of Washington county, render- 
ed at the April term thereof, 1878, shall be sold as hereinafter pro- 
vided and set forth: 

§ 2. [Appraisers — Compensation.! That three (3) competent, dis- 
interested men shall be duly appointed by the Governor of the State 
to appraise said lands at a fair valuation, at a time prior to such sale. 
Said appraisers shall be duly sworn to discharge the duties imposed 
upon them 'by this act in a fair and impartial manner, and shall each 
receive the sum of twenty (20) dollars in full for such service, and 
mileage at the rate of ten (10) cents a mile from the place of their 
residence to Irvington and return, said mileage to be properly certified 
under oath. Said appraisers shall return, without delay, such appraise- 
ment made to the Auditor of Public Accounts. 

§ 3. [Auditor to Advertise and Sell.] That the Auditor of 
Public Accounts of the State of Illinois, is hereby empowered to ad- 
vertise and sell said lands, subject to the conditions hereinafter set 
forth in this act, and shall report without delay to the Governor of 
the State all his proceedings under this act. 

§ 4. [Subdivision into Tracts, etc.] The Auditor shall, prior to 
such sale, cause said lands to be subdivided into lots or tracts of such 
size as will, in his judgment, sell most advantageously; and shall sell 
each tract separate, unless it shall appear from bids made at such sale, 
that two or more tracts can be sold in a body for as great a sum as 
if sold separately. 

§ 5. [Deeds — Mortgage.] That upon making such sale the Auditor 
shall, in behalf of the State, execute to the purchasers deeds for the 



APPROPRIATIONS. 



property sold; and shall take from such purchasers mortgage upon the 
property sold, running to the people of the State of Illinois to secui*e 
the deferred payments of purchase money and interest. Said mortgage 
shall contain a provision that if default is made in the payment of 
any of the annual installments of interest or principal, the whole 
amount of the deferred payments shall immediately become due and 
payable. 

§ 6. [Time of Sale — Notice.] That said sale shall be held as 
soon as practicable after the passage of this act, and thirty (30) days 
notice of such sale, shall be given by the Auditor by publication in 
one or more newspapers in said Washington county, in at least one 
daily newspaper in the cities of Springfield and Chicago, Illinois, 
stating the time, place and terms of sale, and a description of the 
property to be sold. 

§ 7. [Manner of Sale.] That said lands shall be sold to the 
highest and best bidder, at some convenient place on or near said 
lands, at the date and hour elected by said Auditor in said advertise- 
ments, on the following named terms to-wit: One-fifth (1-5) of the 
purchase money to be paid cash in hand; the unpaid balance to be 
paid in annual installments of one (1), two (2), three (3), and four (4) 
years, the purchaser to give negotiable notes drawing interest at the 
rate of six (r>) per centum, payable annually, secured by mortgage on 
the lands so sold. Provided, such sale shall not be made, for a less 
sum than two-thirds of the amount of the appraisement. 

§ 8. [Payment — Application of Fund.] That immediately upon 
the conclusion of said sale, the purchase money together with the 
money in payment of said notes when due, shall be paid into the 
treasury of the State of Illinois, and after reserving therefrom sufficient 
to pay the expenses of sale, and the amount expended to discharge 
liens, and incumbrances, upon the property, the residue to be applied 
to educational purposes as may be hereafter provided by law, in con- 
formity to the requirements of the act of Congress, and the ordinance 
of 1818, under which the seminary lands were granted to the State. 

§ 9. | Appropriation to pay indebtedness.] Whereas, Said 
lands are encumbered by a trust deed and certain judgment liens, 
there is hereby apppropriated a sufficient amount to pay the amount due 
for principal and interest of the note for two thousand ($2,000) dollars, 
secured by trust deed upon said premises, and also the judgments (in- 
terest and costs) rendered in the Circuit Court of Washington county, 
in said decree mentioned as follows: One in favor of Fannie F. Rice 
for four hundred and twenty-six dollars and 99-100 ($426 99); one in 
favor of D. W. Phillips for one thousand and twelve dollars and 34-100 
($1,012 34); one in favor of George H. French for nine hundred and 
thirty-eight 78-100 dollars ($938 78); one in favor of George W. 
Ash for twelve hundred and seventy dollars ($1,270), and that war- 
rants therefor, be drawn in favor of the holder of the note, secured 
by said trust deed, and of said secured judgments payable out of any 
money in the treasury not otherwise appropriated. 



APPROPRIATIONS. 



§ 10 [Emergency. I "Whereas, It is desirable that the relief asked 
for in this act should be granted immediately, therefore, an emergency 
is declared to exist and this act shall be in force from and after its 
passage. 



Approved May 31st, 1879. 



STATE CHARITABLE INSTITUTIONS. 
BLIND— EDUCATION OF THE. 
8 1. Appropriations for expenses, etc. | § 2. How drawn. 

An Act making appropriations for the expenses of the Illinois Insti- 
tution for the Education of the Blind. Approved May 31, 1879. 
In force July 1, 1879. 

Section 1. [Appropriations for Expenses for 1880 and 1881.] 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That there be and are hereby appropriated to the 
Illinois Institution for the Education of the Blind, for ordinary ex- 
penses, the sum of twenty-one thousand dollars ($21,000), for the year 
1880; and the sum of twenty-five thousand dollars ($25,000) for the 
year 1881; and for repairs and improvements the sum of one thousand 
dollars ($1,000) per annum; the foregoing amounts to be paid quarterly, 
in advance, from the first, day of July, 1879, to the expiration of the 
first fiscal quarter, aftfer the adjournment of the next General Assembly; 
and for the purchase of books, maps and other educational and me- 
chanical appliances, to be distributed gratuitously to such pupils leav- 
ing the institution as are not able to pay for the same, the sum of 
three hundred dollars, per annum, and for new fronts to and for 
resetting the present boilers the sum of seven hundred and eighty-four 
($784) dollars; and for pipes, stand-pipe, hose and connections to 
protect the building against destruction by fire the sum of eight 
hundred and fifty ($850) dollars and for dining-room and kitchen the 
sum of twenty-four hundred ($2,4u0) dollars. 

§ 2. [How Drawn.] The Auditor of Public Accounts is hereby 
authorized to draw his warrant on the treasury for said sums, upon 
the orders of the board of trustees of said institution signed by the 
president, and attested by the secretary of said board of trustees, with 
the seal of the institution subject to the limitations and conditions 
prescribed by law in an act to regulate the State Charitable Institu- 
tions, approved April 15th, 1875. 

Approved May 31st, 1879. 



APPROPRIATIONS. 



CAIRO QUARANTINE. 

8 1. Appropriates $4,951. | § 2. When and how drawn. 

An Act making appropriatio?i to re-imburse the city of Cairo for 
expense of quarantine, under direction of the State Board of Health. 
Approved May ^0, 1879. In force July 1, 1879. 

Whereas, During the prevalence of the yellow fever epidemic in 
the southern portion of the country during the summer and fall of 
last year, the city of Cairo, under advice and direction from the State 
Board of Health, and through an honest desire to prevent the scourge 
from entering the state, established and maintained a quarantine at 
considerable expense to said city and which quarantine resulted of 
greater benefit to the people of the state at large than to the citizens 
of said city of Cairo, and, 

Whereas, The said city of Cairo, in addition to the expense incur- 
red for quarantine was under a very heavy expense in caring for the 
sick and distressed, during the prevalence of the epidemic, receiving 
no assistance from any quarter therefor, and 

Whereas, It seems proper and right that the said city of Cairo 
should be re-imbursed by the State for the expenditures made in con- 
nection with the quarantine so established and maintained as above, 
therefore, 

Section 1. [Appropriates $4,951.] Be it enacted by the People of 
of the State of Illinois, represented in the General Assembly, that the 
sum of four thousand nine hundred and fifty-one (84.951) dollars, be 
and the same is hereby appropriated out of any money in the treasury 
not otherwise appropriated to re-imburse the said city of Cairo, as above 
set forth. 

§ 2. [When and how drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant on the treasury, 
payable to the treasurer of the said city of Cairo, for the sum above 
appropriated. 

Approved May 20th, 1879. 



CANAL-ILLINOIS AND MICHIGAN. 

1. Appropriates $30,000 per annum. I 3. Commissioners to keep an account. 

2. How paid. I 4. Not to be paid to attorneys. 

An Act making appropriations for the necessary repairs and running 
expenses of the Illinois and Michigan Canal, until the expiration of 
the first fiscal quarter, after the adjournment of the next General 
Assembly. Approved May 21, 1879. In force July 1, 1879. 

Section ] . [Appropriates $30,000 yearly.] Be it enacted by the 
People of the /State of Illinois, represented in the General Assembly, 
That for the purpose of making necessary repairs and providing means 
to put and keep the Illinois and Michigan Canal in navigable condi- 



APPROPRIATIONS. 



tion, until after the adjournment of the next General Assembly; there 
is hereby appropriated from the State treasury for the first year, the 
sum of thirty thousand dollars ($30,000), and for the second year the 
sum of thirty thousand dollars ($30,000), or so much of each as may 
be absolutely necessary for that purpose: Provided, that no portion of 
the money hereby appropriated, shall be used for the purposes above 
specified, until all the surplus earnings of the canal have been fully 
exhausted in making needed repairs, and defraying necessary expenses 
of operating the said canal. 

§ 2. [How paid.] The appropriations made by this act shall only 
be paid upon detailed statements made by the canal commissioners 
filed with the Auditor bearing the order of the canal commissioners 
and the approval of the Govern of. 

§ 3. [Commissioners to kkep account.] Said board of canal com- 
missioners shall keep an accurate and detailed account of all moneys 
received by them from every source, together with their disbursements 
and expenditures of evei*y kind and nature, and at the end of each 
quarter transmit to the Auditor of Public Accounts, a full and com- 
plete statement, showing in detail the amount of money received dur- 
ing said preceding quarter, from every source, and how and to whom 
the same has been disbursed. 

§ 4. [Not to be paid to attorneys.] No part of the sum hereby 
appropriated, nor part of any sum now in the hands or control of the 
commissioners of the said Illinois and Michigan Canal, shall be used 
for the payment of any attorney or attorneys employed in any suit to 
recover possession of the property known as the "Lake Front" in the 
city of Chicago. 

Approved May 21st, 1879. 



CLAIMS. 



P. W. HARTS-AWARD BY COMMISSION OF CLAIMS. 

I 1. Appropriates $891. , | § 2. Emergency. 

An Act making an appropriation /or the payment of awards made 
by the commission of claims to P. W. Harts, a creditor of the 
State. Approved and in force May 29th, 1879. 

Whereas, under the law of May 29th, 1877, a commission of claims 
was created to examine all claims against the State of Illinois, and to 
judicially determine the rights of claimants against the State; and 
whereas, said commission of claims, at their session in August 1878, 
did examine claim No. 25, of P. W. Harts, for stationery and supplies 
furnished on the^order of the Secretary of State and on the order of 
the Adjutant General in 1871 and 1872, amounting to $1,058.30, and 
interest, allowing on said claim the part of the bill ordered by the 



APPROPRIATIONS. 



Secretary of State amounting to eight hundred and ninety-one dollars 
($891.00); and, whereas, the Auditor has reported said finding and 
award of the commission of claims in his report to the Governor of 
Illinois, dated November 1st, 1878, on page X and XI. 

Section 1. [Appropriates $891.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the 
sum of eight hundred and ninety-one dollars ($891.00), the sum allowed . 
by said commission of claims in favor of P. W. Harts, be and the 
same is hereby appropriated out of any moneys in the treasury not 
otherwise appropriated, to be paid to P. W. Harts, or his solicitor of 
record upon the warrant of the Auditor, approved by the Governor. 

§ 2. [Emergency.] Whereas, the appropriation herein asked for 
is to pay the expenses of the State government under previous admin- 
istrations, incurred by want of a sufficient appropriation; and, whereas, 
in justice to the party named, as a creditor of the State, it is necessary 
that this law should take effect and be in force from and after its 
passage. Therefore it is declared that an emergency exists, and that 
this law take effect and be in force from and after its passage. 

Approved May 29, 1879. 



CHARLES C. WARREN, FOR PROFESSIONAL SERVICES. 
S 1. Appropriates $600. I § 2. How drawn. 

An Act to compensate Charles C. Warren, Esq, for professional ser- 
vices on behalf of the State before the joint committee of the 30th 
General Assembly, to investigate damages caused by the construction 
of the dams at Henry, on the Illinois river, and at New Haven, on 
the Little Wabash river. Approved May- 31 st, 1879. In force July 
1, 1879. 

Whereas, It appears from the report of the joint committee ap 
pointed by the 30th General Assembly, to investigate claims for dam 
ages caused by the contruction of the dams at Henry, on the Illinois 
river, and at New Haven on the Little Wabash river, made to the 
present General Assembly, that Charles C. Warren, Esq., of Prince- 
ton, rendered valuable aid to the State, in defending the same, against 
the claims filed and prosecuted before said committee, with the under- 
standing that said committee would recommend to the General Assem- 
bly, the payment of a reasonable fee for his services, which recom- 
mendation has been made by said committee in their report; therefore: 

Section 1. [Appropriates $600.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That there be 
and is hereby appropriated to Charles C. Warren Esq., of Princeton 
in said State, the sum of six hundred dollars ($600), for professional 
services on behalf of the State, before said commissioners at their in- 
stance, to be paid out of any monty in the treasury not otherwise 
appropriated. 



APPROPRIATIONS. 



§ 2. [How drawn.] The Auditor shall draw his warrant on the 
ti'easury for the said sum, payable to the said Charles C. Warren, at 
his request. 

Approved May 31, 1879. 



CLAIMS. 



QUINCY SAVINGS BANK -AWARD BY COMMISSION OF CLAIMS. 
Section 1. Appropriates $89 98. 

An Act making an appropriation to pay the claim of the Quincy 
Savings Bank against the State, attoioed by the commission of claims. 
Approved May 29, 1879. In force July 1, 1879. 

§ 1. [Appropriates $89 88. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That the sura of 
eighty-nine dollars and ninety-eight cents ($89 98), be and the same is 
hereby appropriated out of the State Treasury to pay the claim of the 
Quincy Savings Bank against the State, for taxes illegally assessed and 
collected, allowed by the commission of claims; and the Auditor of 
Public Accounts is hereby authorized to draw his warrant on the State 
Treasury for said amount in favor of the Quincy Savings Bank. 

Approved May 29th, 1879. 



convicts-for transferring. 



§ 1. Appropriates $1,639 10. 8 3. Emergency 

§ 2. When and how drawn. 



An Act making appropriation to pay the expense of transferring two 
hundred (200) convicts from the Illinois State Penitentiary at Joliet, 
to the Southern Illinois Penitentiary at Chester, on the "l\st day of 
March, 1878. Approved and in force May 21, 1879. 

Section 1. [Appropriates $1,639 10.] Beit enacted by the People 
of the State of Illinois, represented in the General Assembly, That the sum 
of one thousand six hundred and thirty-nine dollars and ten cents 
($1,639 10) be, and the same is, hereby appropriated to pay the ex- 
penses of transferring two hundred (200) convicts from the Illinois 
State Penitentiary to the Southern Illinois Penitentiary, by order of 
the Governor, on the 21st day of March, 1878. 

§ 2. J When a.nd How Drawn.] That the Auditor of Public 
Accounts is hereby authorized and directed to draw his warrant, pay- 
able to R. W. McClaughry, Warden, for the aforesaid sum, when he 
shall furnish vouchers for the payment of the same, approved by the 
Governor. 

§ 3. [Emergency.] Whereas, The aforesaid sum is due and owing, 
and has been, since March 21st, 1878, therefore an emergency exists, 
and this act shall be in force from and after its passage. 

Approved May 21st, 1879. 



10 APPROPRIATIONS. 



COURTS. 



ALTON CITY COURT-DUE PROSECUTING ATTORNEY. 
§ 1 Appropriates S500. 

An Act to appropriate balance of salary due the Prosecuting Attor- 
ney of the Alton City Court for the two years ending September 
1 4th, 1871. Approved May 29, 1879. In force July I, 1879. 

Wheeeas, The Prosecuting Attorney of the Alton City Court was 
by law entitled to an annual salary of five hundred dollars, ($500), for 
the two years ending September 14th, 1871, and the General Assem- 
bly, at its session, A. D. 1869, appropriated only the sum of two hun- 
dred and fifty dollars ($250), per year for said two years, thus 
leaving due to said prosecuting attorney the sum of two hundred and 
fifty dollars for each of said two years, which sum remains unpaid; 
and, 

Whereas, Levi Davis, Jr. was the Prosecuting Attorney of the Al- 
ton City Court during said two years; therefore: 

Section 1. | Appropriates $500.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the 
sum of five hundred dollars ($500) be and the same is hereby allow- 
ed and appropriated to pay the balance of salary due said Levi Davis, 
Jr., as prosecuting attorney of the Alton City Court for the two years 
ending September 14th, 1871, and that the Auditor of Public Accounts 
draw his warrant on the State Treasurer, in favor of said Levi Davis, 
Jr., for said sum of five hundred dollars ($500), to be paid out of 
any money in the treasury not otherwise appropriated. 

Approved May 29th, 1879. 



appellate court, first district. 

§ 1. Appropriates $8,350. I § 2. Emergency. 

An Act to make an appropriation for the payment of the expenses 
heretofore incurred, of the Appellate Court for the first district. 
Approved and in force May 10, 1879. 

Whereas, By section eighteen of an act entitled, "An act to estab- 
lish Appellate Courts," approved June 2, 1877, it was provided that 
the judges assigned to hold the Appellate Court in said First District, 
should rent suitable rooms in the city of Chicago, for the holding of 
said court and for the use of the officers thereof, at a rental not ex- 



APPROPRIATIONS. 11 



ceeding five thousand dollars per annum, and to provide all necessary 
furniture therefor, and for the safe keeping of the records of said 
court, and that the accounts therefor should be certified by said court 
to the Auditor of Public Accounts, who should draw his warrant on 
the State Treasury, for the amount of the same, to be paid out of the 
appropriation that should be made therefor; and 

Whereas, No appropriation was made by the last General Assembly 
for the payment of the expenditures so directed to be made by the 
judges of said court; and, 

Whereas, The judges of said court, did, in pursuance of said act, 
rent suitable rooms in the city of Chicago, for the holding of said 
court, and for the use of the officers thereof, by lease, expiring June 
1, 1879, and did provide necessary furniture therefor, and for the safe 
keeping of the records of said court; and have, in so doing, incurred 
for, and on behalf of the state, liabilities, which, together with the 
necessary incidental expenses of holding said court, from the time of 
its organization up to June 1, 1879, as nearly as the same can be as- 
certained or estimated, amount to the sum of eight thousand three 
hundred and fifty dollars ($8,350 00); therefore 

§ 1 . [Appbopriates $8,350.] Be it enacted by the, People of the 
State of Illinois, represented in the General Assembly, That for the 
purpose of paying the liabilities and expenses incurred by the judges 
of the Appellate Court of the First District, for rent of rooms for 
said court and for the use of the officers thereof, and for necessary 
furniture therefor, and for the safe keeping of the records of said 
court, and for the other expenses necessarily incidental to the holding of 
said court from the time of its organization to the first day of June, 
1879, the sum of eight thousand three hundred and fifty dollars ($8,350), 
be appropriated out of the State Treasury, and that upon presentation 
of accounts, for said liabilities and expenditures certified by the judges 
of said court, or a majority of them to the Auditor of Public Accounts, 
the said Auditor shall draw his warrants on the State Treasury for the 
amount of the same, payable to the holders of such certificates out 
of the said appropriation hereby made. 

§ 2. [Emergency.] Whereas, It is desirable that said liabilities 
and expenses should be paid without further delay; therefore, an emer- 
gency exists, and this act shall take effect and be in force from and 
after its passage. 

Approved May 16th, 1S79. 



APPELLATE COURT, FIRST DISTRICT. 
8 1. Judges to provide court rooms. § 2. Appropriates ?4, 500. 

An Act to provide for renting rooms for the Appellate Court o^ the 
First District, and making an appropriation +'or the payment of the 
expenses of said court. Apptroved 3Iay 24, 1879. In force July 1, 
1879. 

§ 1. [Judges to provide court rooms.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 



12 APPROPRIATIONS. 



That the judges assigned to hold the appellate coui-t In the first dis- 
trict, are hereby authorized to obtain a lease of the rooms now occu- 
pied for holding said court, to be used for the purpose of holding 
court and consultation rooms and for clerks office only, for a term not 
exceeding three years from the expiration of the present lease thereof, 
or to rent other suitable rooms in the city of Chicago for the holding 
of said court, for a term not exceeding three years from the first day 
of June 1879, at a rental not exceeding three thousand dollars per 
annum. 

§ 2. [Appropriates $4,500.]. For the purpose of paying the rent 
of said rooms and of defraying the expenses incurred by said court 
or necessarily incidental to holding thereof, the sum of forty-five 
hundred dollars per annum for the two years commencing June ], 
1879, of which amount three thousand dollars, or so much thereof as 
may be necessary for rent of suitable court and consultation rooms, 
and one thousand five hundred dollars for contingent expenses, be, 
and the same is hereby appropriated out of the State Treasury. And 
upon presentation of accounts for said rent and other expenses certified 
by the judges of said court or a majority of them to the Auditor of 
Public Accounts, the said Auditor shall draw his warrant on the State 
Treasury for the amount of the same, payable to the holders of such 
certificates, out of the appropriation hereby made. 



Approved May 24, 1879. 



APPELLATE COURT -SECOND DISTRICT. 
§ 1. Appropriates $1,800. I § 2 Emergency. 

An Act to make an appropriation for the payment of the expenses 
incurred heretofore for the Appellate Court of the Second (2d) Dis- 
trict. Approved May 29, 187U. In force June 8, 1879. 

Whereas, By section (18) eighteen of an act entitled "An Act to 
establish Appellate Courts approved June 2, 18 7 7, it was provided 
that there should be held an Appellate Court in the Second (2d) 
Division, held at Ottawa, and, 

Whereas, Said court has been held in accordance with law, and 
expense incurred in that behalf, and 

Whereas, No appropriation was made by the last General Assembly 
for the payment of the expenditures so directed to be made by and. 
for said court, therefore: 

Section 1. [Appropriates $1,800.] Be it enacted by the People 
o r the /State o+' Illinois, represented in the General Assembly, That 
for the purpose of paying the liabilities and expenses incurred apper- 
taining to the holding of said court from the time of its organization 
to the first (1st) day of February A. D. 1879, the sum of eighteen 
hundred dollars ($1,800), or so much thereof as may necessarily be 



APPROPRIATIONS. 1 3 



appropriated out of the State Treasury, and that upon presentation of 
accounts for said liabilities and expenditures, certified by the judges 
of said court, or a majority of them, to the Auditor of Public Accounts, 
the- said Auditor shall draw his warrants on the State Treasury for the 
amount of the same, payable to the holders of such certificates out of 
the said appropriations hereby made. 



§ 2. 



{Emergency.] Whereas, It is desirable that said liabilities 
be paid without further delay; therefore an emergency exists, and this 
act shall go into effect within ten (10) days after its passage. 



Approved May 29th, 1879. 



APPELLATE COURT, SECOND DISTRICT. 



Section I. Appropriates §3,000 per annum. 



An Act to provide, for expenses and disbursements of the Appellate 
Court of the Second District, and to make an appropriation therefor. 
Approved May 29, 1879. In force July 1, 1879. 

§ 1. [Appropriates $2,000 per annum.] Be it enacted by the Peo- 
ple of the State of Illinois, represe?ited in the General Assembly, That 
for the purpose of defraying the expenses incurred by said court or 
necessarily incidental to th,e holding thereof, the sum of two thou- 
sand dollars ($2,000) per annum, or so much thereof as may be re- 
quired, is hereby appropriated, payable quarterly, out of the State 
Treasury, until the end of the first fiscal quarter after the adjournment 
of the next General Assembly, said moneys to be drawn on vouchers 
■certified by the judges of said court or a majority of them, and ap- 
proved by the Governor, presented to the Auditor of Public Accounts, 
who shall upon the presentation of such certified and approved vouch- 
ers, draw his warrant on the State Treasury for the quarterly pay- 
ments herein provided for. 

Approved Mav 29th, 1879. 



appellate court, fourth district. 

§ 1. Appropriates $1,305.11. | § 2. How drawn. 

An Act making an appropriation for the payment of the expenses 
heretofore incurred by the Appellate Court of the Fourth District. 
Approved May 29, 1879. In force July, 1, 1879. 

§ 1. [Appropriates $1,305.11.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 



14 



APPROPRIATIONS. 



there be appropriated the sum of thirteen hundred and five and 11-100 
dollars ($1,305 11-100), out of moneys in the treasury not otherwise 
appropriated, for the purpose of paying the expenses heretofore in- 
curred by the appellate court of the fourth district. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
authorized and required to draw his warrant on the Treasury for the 
moneys herein appropriated, upon the order of the clerk of said court, 
accompanied by detailed vouchers for said expenses, certified to by 
the judges of said court. 



Approved May 29th, 1879. 



APPELLATE AND SUPREME COURT REPAIRS OF COURT HOUSE, ETC. AT OTTAWA. 



1. Appropriates $700 for repairs. 

2. Appropriates $900 for State Reports. 

3. Appropriates $300 for text books. 



§ 4. 
§ 5. 



Appropriates $ 
How paid out. 



i for repairs on books. 



An Act for an appropriation for repairs of the Court House of 

the Supreme and Appellate Courts at Ottawa Illinois, and for the 

Libraries of said Courts. Approved May 20, 1879. In force *. 
1. 1879. 



July 



§ 1. [Appropriates $700 for repairs. 1. Be it enacted' by the 
People of the State of Illinois, represented in the General Assenibly, 
That there shall be appropriated for the purpose of putting a new tin 
roof upon the Court House of the Supreme and Appellate Court at 
Ottawa Illinois, with eaves troughs, and for painting the same, and 
putting down a new floor on the portico, the sum of seven hundred 
dollars ($700.00). 

§ 2. [Purchase of state reports.] That there be appropriated 
for the purpose of supplying the library of said courts, with State re- 
ports, the sum of nine hundred dollars ($900.00). 

§ 3. [Purchase of text books.] That there be appropriated for 
the purpose of supplying said library with text books, the sum of 
three hundred dollars ($300.00). 

§ 4. [Repairing books.] That there be appropriated for the pur- 
pose of repairing the covers of books in said library, the sum of one 
hundred dollars ($100.00). 

§ 5. [How paid out.] That the said sums shall be expended under 
the directions of the judges of the Appellate Court of said district, 
and shall be paid in warrants, to be issued by the Auditor of State, 
upon the State Treasury upon the order of said judges, in such sums, 
as they may from time to time require. And said judges shall file 
with the Auditor of State, vouchers for such expenditures. 

Approved May 20th, 1879. 



APPROPRIATIONS. 15 



DAMAGES BY THE DAMS ON ILLINOIS AND LITTLE WABASH RIVERS-EXPENSES 

OF COMMITTEE -FEES. 

§ 1. Appropriates certain sums. | § 2. How drawn— Emergency. 

An Act to make farther appropriations for payment of the per diem 
and traveling expenses of the committee to investigate damages caused 
by the construction of the dams at Henry, on the Illinois River and at 
New Haven, on the Little Wabash River, appointed by joint resolu- 
tion of the 30th- General Assembly of this State. Approved and in 
force May 6, 1879. 

Whereas, The Legislature of this State, by joint resolution of the 
Thirtieth General Assembly, did appoint a commission consisting of three 
members of the House of Representatives and two of the Senate, whose 
duty it was made by said resolution to investigate and report to the 
present General Assembly all claims for damages caused by the con- 
struction of the dam at Henry, on the Illinois River, and at New 
Haven, on the Little Wabash River; and 

Whereas, By authority of said resolution, William R. Archer and 
Chester P. Davis, of the. Senate, and Frank N". Tice, Samuel S. Jack 
and William R. Wilkinson, of the House, were, by the President 
of the Senate and Speaker of the House, respectively, appointed said 
commission; and 

Whereas, Said commission, under and by authority of said resolu- 
tion, have performed the duties enjoined upon them and made their 
report within the time limited thereby; and 

Whereas, There is now due to said commission, for their per diem 
and traveling expenses in performing the duties required of them, as 
follows, to-wit: 

To William R. Archer $350 90 

" Chester P. Davis ' 3^4 70 

" Frank K Tice 340 70 

" Samuel S. Jack 340 65 

" William R. Wilkinson 360 85 

And to Albert Emerson 32 10 

" " John C. Youngken 24 64 

" " Elhanon Fisher 327 15 

as clerks of said commission, as certified by the chairman thereof, and 
by the President of the Senate and the Speaker of the House, respect- 
ively; therefore 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly' 

Section 1. [Appropriation.] That there be, and is hereby, ap- 
propriated to William R. Archer, the sum of three hundred and 
fifty' dollars and ninety cents ($350 90); to Chester P. Davis, 
the sum of three hundred and forty-four dollars and seventy cents 
($344 70); to Frank N. Tice, the sum of three hundred and forty 
dollars and seventy cents ($340 70); to Samuel S. Jack, the sum of 
,_ three hundred and forty dollars and sixty-five cents ($340 65); to 
William R. Wilkinson, the sum of three hundred and sixty dollars and 
eighty-five cents ($360 85); to Albert Emerson, the sum of thirty-two 
dollars and ten cents ($32 10); to John C. Younken, the sum of 



16 ' - APPROPRIATIONS. 



twenty-four dollars and sixty-four cents ($24 64) and to Elhanon Fisher, 
the sum of three hundred and twenty-seven dollars and fifceen cents 
($327 15), for their services and expenses in executing said commission; 
and that the same be paid out of any money in the treasury not other- 
wise appropriated. 

§ 2. [How Drawn — Emergency.] The Auditor of Public Accounts 
is hereby authorized, and required, to draw his warrants on the 
Treasury for the said sums, respectively, in favor of the persons afore- 
said. 

Whereas, Said amounts, respectively, have long since been due, 
and are now unpaid, therefore an emergency exists, and this act shall 
take effect and be in force from and after its passage. 



Approved May 6th, 1879. 



DAMAGES BY CONSTRUCTION OF DAMS ON ILLINOIS AND LITTLE WABASH 

RIVERS. 

8 1. Appropriations to persons therein i §1%. Appropriations to persons therein 
named. • named. 

An Act to provide for the payment of damages to lands and other 
property sustained by the owners thereof, by the construction of the 
dam on the little Wabash river at New Haven in Gallatin county 
Illinois, and by the construction of the dam on the Illinois river near 
Henry in Marshall county, Illinois. Approved May 31, 1879. In 
force July 1, 1879. 

Section 1. [Appropriations to persons therein named.] Be it 
enacted by the People of the State of Illinois, represented in the General 
Assembly, That a sum of money not exceeding thirteen thousand 
and eighty-seven dollars ($13,087.00) be, and the same is hereby ap- 
propriated out of any mouey in the State Treasury not otherwise ap- 
propriated, to pay the damages sustained by the owners of lands and 
other property on the Little Wabash river occasioned by the construc- 
tion of the dam on said river, by authority of the State of Illinois, 
near New Haven in Gallatin county; according to the recommendation 
contained in the report of the joint select committee of the two house 
of the thirtieth General Assembly and that said sum of money be 
paid as follows, to wit: 

To George S. Staley $8,300 00 

" Charles W. Harvey 30 00 

" John Holderby 315 00 

" Jasper Partridge 275 00 

" Charles Melvine 120 00 

" Mary J. Bovd 112 00 

" George W. Harvey 150 00 

To Henry Greer $240 00 

" William Poisnett $240 00 

" Mary E. McHenry Virginia P. Shelby and Julia D. 

Shelby, heirs at law of Matilda Shelby deceased $765 00 



APPROPRIATIONS. IT 



To James Dorsey $ 350 00 

To Hugh Austin 3G0 00 

To Isaac N. Jaques 150 00 

To the heirs of John T. Jones, deceased 980 00 

To the heirs of John Hicks, deceased 700 00 

§ 1^. [Appropriations to persons therein named.] That a sum 
not exceeding $29,595 — be and the same is hereby appropriated out of any 
money in the State Treasury not otherwise appropriated, to pay the dam- 
ages sustained by the owners of lands and other property, on the Illinois 
river, occasioned by the construction of the lock and dam near Henry, on 
said river by the authority of the State of Illinois, according to the 
recommendation contained in the report of the joint select committee 
of the two Houses of the thirtieth General Assembly, and that said 
sum of money be paid as follows to wit: 

Names. Amount. 

To Jacob and Nicholas Lucinger .$ 290 00 

To Joseph Lanktree 8 1 ,320 00 

To George M. Lanktree $ * 60 00 

To Jahul Masters % 120 00 

To Brown Smith % 585 00 

To Chas. Knapp % 180 00 

To Jacob Wasson % 325 00 

To John L. McCormick $ 200 00 

To Atherton Clark % 600 00 

To Miles E. Wheeler. % 270 00 

To Noah Hackman % 460 00 

To Harriet Newell % 120 00 

To John Schier % 100 00 

To John Frey % 80 00 

To Nicholas Bease % 150 00 

To Elizabeth Huffman $ 54 00 

To Henry Hunter % 490 00 

To Dwight E. Morgan % 320 00 

To heirs, at law, of Isabella Myers deceased and Harriet A. 

C. Talbot % 640 00 

To William Waugh $ 365 00 

To Addison Mullin % 153 00 

To Frederick Liebold % 1 20 00 

To James T. Johnson % 480 00 

To John Lehman f 60 00 

To Ruben Bishop $ 840 00 

To Alvin Perkins % 510 00 

To Otto Halblibe % 459 00 

To heirs of Samuel B. Wharton deceased % 90 00 

To Paul Cramer % 60 00 

To Philip R. Bolen % 160 00 

To Charles Coleman $ 123 00 

To Samuel H. Smith % 128 00 

To J. Henry Hassler % 195 00 

To James R. Taliaferro % 1 60 00 

To heirs of Courtland R. Condit $ 250 00 

To Michael Maurer $ 246 00 



1 8 APPROPRIATIONS. 



To Sophia Waters $ 92 00 

To heirs of Joshua B. Simpson deceased $ 180 00 

To L. C. Rouseau $ 80 00 

To Amos T. Purviance 180 00 

To James S. Taffiemire 440 00 

To Leland Broaddus 240 00 

To Alexander Hoagland 40 00 

To heirs of Guy W. Pool, deceased 480 00 

To John Locke 150 00 

To Stephen G. Worley 120 00 

To Isaac C. Goff 60 00 

To Hiram C. Wright 80 00 

To Anthony Reavey 705 00 

To Robert Davis 690 00 

To Ezra J. and George W. Townley 302 00 

To Philip H. Green 910 00 

To Richard Lloyd 2,069 00 

To Bolivar Morgan 140 00 

To Melinda Morgan 25 00 

To Bolivar and Emmet Morgan 75 00 

To heirs of Alanson Morgan, deceased 60 00 

To John G. Baker 294 00 

To Clark J. Townley 105 00 

To the heirs of James Dennis 70 00 

To James M. Robertson ' 200 00 

To William Scott Robertson 80 00 

To Jacob Earnhardt 50 00 

To Win, Q. and Frank T. Smith 160 00 

To Wm. Q. and P. J. Smith 120 00 

To Benjamin Newall 1 1 4 00 

To William Q. Smith 355 00 

To David S. Miller 4,180 00 

To Martin Bunchbaugh 80 00 

To William Allen 1,900 00 

To heirs of William Shields 682 00 

To Timothy Wood $ 880 00 

To George Sparling 821 00 

To Hannah Locke 78 00 

To Patrick Dore 360 00 

To Henry Hassler 220 00 

To Hiram W. White 565 00 

§ 2. [Money not to be paid, except, etc.] In no case shall any por- 
tion of said sum of money hereby appropriated, be paid for any damages 
upon any tract or part of any tract of land or to any property unless 
the same is described in the report of said joint select committee as 
damaged by the construction of said dam; nor shall any greater sum be 
paid for damages on any tract or part of tract of land or property, 
than is recommended by the said committee in their said report to be 
paid: Provided, that if it shall appear to the Auditor from the record 
that an error has occurred in the description of any tract or tracts of 
land in said report, the damages shall be paid upon the tract or tracts 
which the whole record, of the proceedings of said committee, shows 
was intended to be described in said report. 



APPROPRIATIONS. 1 9 



§ 3. [How money paid.] Any of the claimants named in section 
one of this act or their heirs or legal representatives, may make an ap- 
plication in writing, to the Auditor of Public Accounts for a warrant 
on the State Treasurer for the amount directed by this act to be paid 
such claimant as damages on the tract or part of tract of land or 
property described in the record of the proceedings had before said 
committee as being owned by such claimant; which application shall 
contain a description of the tract or tracts, or part of tract of land, 
for the damage to which, said committee has recommended the pay- 
ment of said sevei*al sums of money specified in section one of 
this act. Such claimant, or his or her heirs or legal representatives 
shall also file with the Auditor a written release under seal, and ac- 
knowledged as in case of conveyances of real estate, releasing all dama- 
ges heretofore sustained or which may be hereafter sustained by the owner 
or owners of said lands or other property, occasioned by the construction, 
maintenance or repair of said dam, such release shall describe all the 
lands and other property of such claimant, which were submitted to 
the investigation of said committee, as well those upon which said 
committee recommended the payment of damage as those upon which said 
committee refused to allow damages, and such release shall in terms and 
effect be a complete discharge to the State of Illinois by such owner or 
owners, of all damages sustained or hereafter to be sustained to any and all 
of said lands and other property: and if such release complies with the terms 
of this act in form and substance, and the Auditor be satisfied as to 
the identity of the claimant (or his or her heir or legal representa- 
tives who may apply) as being the person entitled to receive such sum 
for damages, he shall draw his warrant upon the State Treasurer for 
the amount of such damages, and deliver the same to such claimant; 
and the acceptance by such claimant or claimants, of such warrant for 
the sums specified as allowed to each in section one of this act is 
hereby declared to be a complete and perpetual bar to any further claims 
for damages, to any and all lands and other property submitted to the 
investigation of said committee. 

§ 4. [Report and proceedings op committee.] The report and 
the evidence taken and the record of all proceedings had before the 
said joint select committee, and the papers accompanying the said re- 
port shall be deposited and preserved in the office of the Auditor of 
Public Accounts, and the same shall at all times be subject to exami- 
nation and inspection by any claimant or party interested therein. 

Approved May 3Jst, 18*79. 



APPROPRIATION. 

Section 1. Appropriates $9,000— How drawn. 

An Act to appropriate nine thousand dollars ($9,000) for the comple- 
tion of the Douglas Monument at Chicago. Approved May 29, 1879. 
In force July 1, 1879. 

Whereas, It appears from the report of the commissioners to com- 
plete the Douglas monument at Chicago. That said commission was 
compelled to remove and rebuild the sub-structure thereof, requiring 



20 APPROPRIATIONS. 



an expenditure not anticipated at the time of the passage of the act 
creating said commission, and necessitating a further appropriation - 
Therefore: 

§ I. [Appropriates $9,000. How drawn.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That the sum of nine thousand dollars ($9,000) be, and the same is 
hereby appropriated for the completion of said monument, £nd the 
Auditor of Public Accounts, is hereby authorized and directed to draw 
his warrant on the State Treasury for said amount, out of money not 
otherwise appropriated, upon the certificate of a majority of the said 
commissioners, from time to time, as the same may be needed. 



Approved May 29th, 18 79 



STATE CHARITABLE INSTITUTIONS-DEAF AND DUMB SCHOOL AT CHICAGO. 
§ 1. Appropriates $15,000. I § 2. How drawn. 

An Act to make an appropriation for the benefit of the Deaf and 
Dumb School, at Chicago. Approved May 31, 1879. -In force July 

1, 1879. 

Section 1. [Appropriates $15,000.] Be it enacted by the Peojyle of 
the State of Illinois, rejiresented, in the General Assembly, That 
there be and is hereby appropriated out of any money in the 
State Treasury not otherwise appropriated, the sum of fifteen thousand 
($15,000.00) dollars as a donation for the benefit of and to be used 
in the support and maintenance of, the School for the Education of 
Deaf and Dumb Children, located in Chicago, and now under the 
management and control of the Board of Education of the city of 
Chicago; said money to be used in the education of deaf and dumb 
children in said school, and said school shall, so far as its accommoda- 
tions will permit, receive deaf and dumb children of school age from 
any portion of the State. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the State Treasury 
for the sum of money hereby appropriated, in favor of the treasurer of 
the city of Chicago, upon the order of the Board of Education of said city 
of Chicago, signed by the president and attested by the secretary of said 
Board, and filed in the office of the Auditor, and such money shall 
only be drawn from the treasury of said city, upon orders of the said 
Board of Education for the expenses incurred in the education of deaf 
and dumb children in said school. 

Approved May 31st, 1879. 



APPROPRIATIONS. 21 

STATE CHARITABLE INSTITUTIONS. 
DEAF AND DUMB-EDUCATION OF-JACKSONVILLE. 
5 1. Appropriates for improvements, repairs, etc. | § 2. When and how drawn. 

An Act for the purchase of land, and for the erection of laundry, 
barns and fire escapes, for the Illinois Institution for the Education 
of the Deaf and Dumb, and for special repairs on said Institution. 
Approved May 24, 1879. In force July A, 1879. 

Section 1. [Appropriates for expenses, repairs, etc.] Be, it enact- 
ed by the People of the State of Illinois, reprsented in the General 
Assembly, That there be and are hereby appropriated to the said in- 
stitution the sums of one thousand five hundred dollars, ($1,500.00) 
for the construction of fire escapes, one thousand four hundred and 
seventy-nine ($1,479.00) dollars for the purchase of a new boiler, and 
two thousand dollars ($2,000.00) for changing the present barn into a 
cottage, and five thousand dollars ($5,000.00) for building a laundry, 
and two thousand dollars ($2,000.00) to repair the damage to the 
building occasioned by the late fire, and two thousand dollars ($2,000.00) 
to defray the expense of putting thermostats in the building. 

§ 2. [When and how drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant on the Treas- 
urer for the said sums, upon the orders of the board of trustees of 
the Illinois Institution for the Education of the Deaf and Dumb, 
signed by the president, and attested by the secretary of said board, 
with the seal of the institution, accompanied by such vouchers and 
certificates as are required by law for the drawing of funds from the 
treasury by said institution. 

Approved May 24th, 1879. 



STATE CHARITABLE INSTITUTIONS. 

DEAF AND DUMB-EDUCATION OF-JACKSONVILLE. 

§ 1. Appropriations for expenses and repairs. | §. 2 How drawn. 

An Act for the support of the Illinois Institution for the Education 
oj the Deaf and Dumb, and for general repairs thereon, and for the 
Pupils Library. Approved May 31, 1879. In force July 1, 1879. 

Section 1. [Appropriations for expenses and repairs.] Be it 
enacted by the People of the State of Illinois, represented in the 
General Assembly, That for the purpose of defraying the ordinary 
expenses of the Illinois Institution for the education of the Deaf and 
Dumb the sum of seventy-six thousand dollars ($70,000) for the first 
year, and eighty thousand dollars ($80,000) for the second year, be 
and the same is hereby appropriated out of the State Treasury, pay- 
able quarterly in advance, from the first day of July 1879, until th 



22 APPROPRIATIONS. 



expiration of the first fiscal quarter after the adjournment of the next 
General Assembly; and that there be and are hereby appropriated the 
further sums of three thousand dollars ($3,000.00) per annum for re- 
pairs and improvements, and five hundred dollars ($500.00) per annum 
for the pupils' library from the first day of July, 1879, till the expiration 
of the first fiscal quarter after the adjournment of the next General 
Assembly. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
authorized and required to draw his warrant on the Treasurer for the 
said sums upon orders of the board of trustees of the Illinois Insti- 
tution for the Education of the Deaf and Dumb, signed by the presi- 
dent and attested by the secretary of said board, with the seal of the 
institution, accompanied by such vouchers and certificates as are now 
required by law, for drawing funds from the treasury by said institu- 
tion. 



Approved May 31st, 1879. 



EYE AND EAR INFIRMARY AT CHICAGO. 
..§ 1. Appropriates $17,000 and $2, 000. | §2. How drawn. 

An Act malting appropriations for the Illinois Charitable Eye and 
Ear Infirmary. Approved May 24, 1879. In force July 1, 1879. 

Section 1. [Appropriates $17,000 and $2,000] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That there be and is hereby appropriated to the Illinois Charitable 
Eye and Ear Infirmary, at Chicago, for ordinary expenses, the sum of 
seventeen thousand dollars ($17,000) per annum, payable quarterly in 
advance, from the first day of July, 1879, until the expiration of the 
first fiscal quarter after the adjournment of the next General Assembly; 
for repairs and improvements one thousand dollars ($1,000) per annum; 
and for the purchase of additional furniture, the sum of one thousand 
dollars ($1,000) per annum. 

§ 2. [How drawn.] The moneys herein appropriated shall be drawn 
from the State Treasury in the manner and subject to the limitations 
and conditions now provided by law. 

Approved May 24th, 1879. 



state charitable institutions, 
feeble-minded children-asylum for. 

§ 1. Appropriations for expenses and repairs. \ §2. How drawn. 

An Act making ap>propriations for the Illinois Asylum for Feeble 
Minded Children. Approved May 31, 1879. In force July 1, 1879. 

§ 1. [Appropriations for expenses and repairs.] Be it enact- 
ed by the People of the State of Illinois, represented in the General 
Assembly, That for the purpose of defraying the ordinary expenses of 



APPROPRIATIONS. 23 



the Illinois Asylum for Feeble Minded Children, the sum of forty-six 
thousand dollars ($46,000) for the first year and fifty-four thousand 
dollars ($54,000) for the second year be, and the same is, hereby ap- 
propriated out of the State Treasury, payable quarterly in advance, 
from the 1st day of July, 1879, until the expiration of the first fiscal 
quarter, after the adjournment of the next General Assembly; and that 
there be and are hereby appropriated the further sums of four thou- 
sand five hundred and twenty five dollars ($4,525) for altering and re- 
pairing the old boilers and putting in one new boiler; five thousand 
dollars ($5,000) for finishing, steam heating, plumbing and furnishing 
the basement under the main building and wing; nine hundred and 
eighty dollars ($980) for the erection of an ice house; two hundred 
and fifty dollars ($250) for the construction of a soap house; one thou- 
sand dollars ($i,000) for sinking another well and putting a pump in 
the same to provide a supply of water in case of emergency; and five 
hundred dollars ($500) for the construction of four cisterns for rain 
water; for repairs two thousand dollars ($2,000) per annum; for im- 
provement of grounds five hundred dollars ($500) per annum. 

§ 2. [How deawn.] The Auditor of Public Accounts is hereby 
authorized and required to draw his warrant on the State Treasurer 
for the said sums, upon orders of the Board of trustees of the Illinois 
Asylum for Feeble Minded Children, signed by the president and at- 
tested by the secretary of said board, with the seal of the asylum. 

Approved May 31st, 1879. 



STATE GOVERNMENT— EXPENSES OF. 

§1. Appropriation for heating- State House. I §3. Emergency. 
§ 2. When and how drawn . 

An Act to provide for the expenses of heating the State House, for 
the State binding, and also for the office expenses of the Superin- 
tendent of Public Instruction and Adjutant, General, incurred or to 
be incurred, and now unp>rovided for, until J~une 30, 1879. Approved 
and in force May 21, 1879. 

Section 1. [Appropriation for Heating State House — State 
Building, etc. J Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following appropriations, 
or so much thereof as may be necessary, be and the same are hereby 
made to meet the necessary expenses of heating the State House, State 
binding, and the expenses of the offices herein named, incurred, or to 
be incurred, and now unprovided for, until June 30, 1879. 

First. The sum of four thousand dollars ($4,000), or so much 
thereof as may be necessary, for heating, fuel, engineers and firemen 
of the State House, to be paid by the State Treasurer, as now required 
by lav/. 

Second. The sum of five thousand four hundred and twenty-six 
dollars and ten cents ($5,426 10-100), for payment of D. W. Lusk, late 
contractor for State binding, being the amount due for work done 
under contract which expired November last; and also, for the work 



24 APPROPRIATIONS. 



that may be done by the present contractor for State binding prior to 
the first day of July, 18*79, the sum of five thousand dollars ($5,000), 
or so much thereof as may be required, is appropriated, to be paid in 
accordance with the contract and upon the certificate of the Commis- 
sioners of State Contracts, approved by the Governor. 

Third. The sum of seven hundred dollars ($700) for postage, repairs, 
telegraphing and other incidental expenses of the office of Superintend- 
ent of Public Instruction, to be paid by the State Treasurer, as now 
provided by law. 

Fourth. The sum of three hundred dollars ($300), for postage, 
repairs and other incidental expenses of the office of the Adjutant 
General, to be paid by the State Treasurer, as now provided by law. 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant upon the State 
Treasurer for the sums herein specified upon presentation of the proper 
vouchers, and the State Treasurer shall pay the same out of any funds 
in the State Treasury not otherwise appropriated. 

§ 3. [Emergency.] Whereas, The appropriations above recited 
are necessary for the transaction of the business of the State; therefore 
an emergency exists, and this act shall take effect and be in force 
from and after its passage. 

Approved May 21st, 18*79. 



STATE GOVERNMENT-ORDINARY AND CONTINGENT EXPENSES OF 

§ 1. Appropriates for ordinary and contin- i § 2. How drawn, 
gent expenses. 

An Act to provide for the ordinary and contingent expenses of the 
State government, until the expiration of the first fiscal quarter after 
the adjournment of the next regular sessio?i of the General Assembly. 
Approved May 31, 1879. In force July 1,1879. 

§ 1. [Appropriates for ordinary and contingent expenses.] 
JBe it enacted by the People of the State of Illinois, represented in 
the General Assembly, That the following named sums be, and are hee- 
by appropriated to meet the ordinary and contingent expenses of the 
State government until the expiration of the first fiscal quarter after 
the adjournment of the next regular session of the General Assembly 

First — A sum not exceeding three thousand five hundred dollars 
($3,500) per annum shall be subject to the order of the Governor for 
defraying all such public expenses of the State government as are un- 
forseen by the General Assembly and not otherwise provided for by 
law, payment to be made from time to time upon bills of particulars 
certified by the Governor. 

Sceond — The sum of three thousand dollars (3,000) per annum for clerk 
hire in the Governor's office, payable quarterly upon the Governor's 
order. 

Third — To the Governor's office for postage, express, telegraphing and 
i)ther incidental expenses, a sum not exceeding seven hundred and 
fifty dollars per annum, to be paid on bills of particulars, certified by 
the Governor. 



APPROPRIATIONS. 25 



Fourth — To the Governor's office, for porter, six hundred dollars per 
annum, payable quarterly, upon the order of the Governor. 

To the Governor, for repairs and care of the executive mansion and 
grounds and for heating and lighting the executive mansion, three 
thousand dollars ($3,000) per annum, to be paid upon bills of partic- 
ulars, certified to, by the Governor. 

Fifth — To the Secretary of State for clerk hire in his office, the 
sum of ten thousand and five hundred dollars ($10,500) per annum, 
payable quarterly on his order. To the Secretary of State for repairs, 
postage, expressage, telegraphing and other incidental expenses of the 
office, a sum not exceeding three thousand dollars ($3,000) per annum, 
payable upon bills of particulars, certified by the Secretary of State 
and approved by the Governor. To the Secretary of State for two 
porters and messengers, the sum of seven hundred dollars ($700) 
each, per annum, payable quarterly on his order, also for continuing 
the work of indexing, classifying and arranging the files and records 
of the office of the State Department, the sum of three thousand dol- 
lars ($3,000) per annum payable upon bills of particular, certified by 
the Secretary of State and approved by the Governor. To the Sec- 
retary of State for the payment of all necessary incidental expenses 
incurred by the Secretary of State, in the care and custody of the 
State House and grounds and other State property, and in repairs 
and improvements of the same, and for the performance of such other 
duties as may be imposed upon him by law, and for which no other ap- 
propriation has been made, the sum of ten thousand dollars for the year 
1879, and the sum of ten thousand dollars for the year 1880, payable 
upon bills of particulars, certified by the Secretary of Slate and ap- 
proved by the Governor. 

Sixth — To the Auditor of Public Accounts, for clerk hire, the sum 
of sevent housand five hundred dollars ($7,500), [per annum,] to be paid 
quarterly. To the Auditor of Public Accounts, for two porters and mes- 
sengers, the sum of seven hundred dollars each, per annum, payable quarter- 
ly on his order. To the office of Auditor of Public Accounts, for repairs, 
postage, express charges, telegraphing and other necessary expenses 
incurred in the discharge of the duties thereof, a sum not exceeding 
one thousand five hundred dollars ($1,500) per annum. 

Seventh — To the State Treasurer, for clerk hire, the sum of four 
thousand dollars ($4,000) per annum, payable quarterly on his order. 
To the office of the State Treasurer, for repairs, express charges, post- 
age, telegraphing and other necessary office expenses, a sum not to 
exceed one thousand dollars ($1,000) per annum, payable upon bills of 
particulars, certified by him and approved by the Governor. To the 
State Treasurer, the sum of three thousand and two hundred dollars 
($3,200) per annum, for two night and two day watchmen, and the 
sum of eight hundred dollars per annum for one messenger and clerk, 
payable quarterly on his order. To the State Treasurer, the 
sum of four thousand dollars ($4,000,) or as much thereof as may be 
necessary for alterations, repairs and refitting his office, payable on 
bills of particulars, certified by him and approved by the Governor. 



26 APPROPRIATIONS. 



Eighth — To the Superintendent of Public Instruction, for clerk hire, 
the sum of two thousand four hundred dollars (-12,400) per annum, 
and for a janitor, porter and messenger, who shall also perform the 
duties of clerk when not otherwise employed, the sum of eight 
hundred dollars ($800) per annum, payable quarterly upon his order. 
To the Superintendent of Public Instruction for repairs, periodicals and 
educational works and other necessary expenses of said office, a sum 
not exceeding one thousand five hundred dollars per annum, payable 
on bills of particulars certified by him and approved by the Governor. 
Appropriations made by this clause, to be paid out of the State school 
funds. 

Ninth — To the Attorney General, for clerk hire, the sum of eighteen 
hundred dollars ($1,800) per annum, payable quarterly on his order. 
For porter and messenger for the Attorney General, the sum of six 
hundred dollars ($600) per annum; which porter and messenger shall 
also act as porter and messenger for the custodian of field notes, 
payable quarterly on his order. To the office of the Attorney General 
for telegraphing, postage and other necessary expenses of the Attorney 
General, incurred in the discharge of the duties of his office, a sum 
not exceeding two thousand dollars ($2,000) per annum, payable on 
bills of particulars, certified by him and approved by the Governor. 

Tenth — To the office of Adjutant General, the sum of six hundred 
dollars per annum, for janitor and ordnance sargeant, to keep the 
State arms in order, payable on his order; also for telegraphing, post- 
age and office expenses, a sum not exceeding seven hundred dollars 
($700), per annum, payable on bills of particulars, certified by the 
Adjutant General and approved by the Governor. 

Eleventh — To the custodian of field notes and surveys, for his office 
expenses, the sum of six hundred dollars ($600) per annum, payable 
on bills of particulars, certified by him and approved by the Governor. 

Twelfth — To the board of Public Charities, for expenses, including 
the salary of a secretary and clerk, a sum not exceeding seven thous- 
and dollars ($7,000) per annum, payable quarterly on bills of par- 
ticulars, approved by the Governor. 

Thirteenth — A sum not exceeding two thousand dollars ($2,000) per 
annum, for costs and expenses on State suits, to be paid on bills of 
particulars, certified by the Auditor and approved by the Governor. 

Fourteenth — A sum not exceeding twenty-five thousand dollars, per 
annum, or so much thereof as may be necessary for conveying convicts 
to the penitentiary, to be paid on the Wardens certificate, at the com- 
pensation fixed by the general law; the Auditor to compute the distance 
by the nearest railroad route. 

Fifteenth — For the payment of the expenses provided for by law, for 
the apprehension and delivery of fugitives from justice, twenty thou- 
sand dollars ($20,000) or so much thereof as may be necessary, pay- 
able out of the levy of 1878, and ten thousand dollars ($10,000), pay- 
able out of the levy of IS 79, to be paid on the evidence required 
by law, certified to and approved by the Governor. 



APPROPRIATIONS. 21 



Sixteenth — The sum of three thousand dollars ($3000) per annum, 
or so much thereof, as may be needed for conveying juvenile offenders 
to the Reform School at Pontiac, on the certificate of delivery, at the 
rate of compensation allowed by law; the Auditor to compute the 
distance by the nearest railroad route. 

Seventeenth — For printing paper and stationery, for the use of the 
General Assembly and executive departments, purchased on contracts 
as required by law, payable on delivery thereof, on bills of particulars 
certified to by the Board of Commissioners of State Contracts and ap- 
proved by the Governor, the sum of twenty thousand dollars ($20,000), 
or so much thereof as may be needed, payable out of the levy of 
1878 and fifteen thousand dollars, payable out of the levy of 1879. 

Eighteenth — There is hereby appropriated to defray the incidental 
and contingent expenses of the Supreme Court, to-wit: For stationery, 
repairs, furniture, express, books and other expenses deemed necessary 
by the court, the following sums: To the Northern Grand Division, 
the sum of three thousand dollars ($3,000) per annum. To the Central 
Grand Division, the sum of two thousand dollars ($2,000) per annum. 
To the Southern Grand Division the sum of fifteen hundred dollars 
($1,500) per annum, the same to be payable upon bills of particulars 
certified to by at least two of the justices of said court; the sum of 
three hundred dollars ($300.00) per annum to Northern and Southern 
Grand Divisions, and the sum of seven hundred and fifty dollars to 
the Central Grand Division of said court, for salary of librarian; 
said librarian of the Central Grand Division to be appointed by the 
judges of the Supreme Court, and care of library, payable quarterly 
on the certificate of at least two of the justices of said court; the sum 
of three hundred dollars per annum to the Northern and Southern 
Grand Divisions of said court; and for the Central Grand Divisions of 
said court the sum of six hundred dollars ($600.00) for the pay of 
janitors to perform such duties as shall be determined by said justices 
to be paid quarterly on the order of at least two of the justices of 
said court. 

Nineteenth — The sum of twenty-five dollars ($25.00) for the pay- 
ment of bailiff of the Court of Claims at its last session, payable upon 
the order of said, court; also the sum of fifty dollars or as much 
thereof as may be necessary for the payment of such bailiff at the 
next session of said Court of Claims payable upon the order of the 
judges of said court. 

Twentieth — For public printing twenty thousand dollars or so much 
thereof as may be required. For public binding ten thousand dollars 
per annum or so much thereof as may be required. The public printing 
and binding to be paid for according to the contract upon the cer- 
tificate of the Board of Commissioners of State Contracts, approved by 
the Governor. 

Twenty-ivrst — The sum of fifty-seven thousand dollars ($57,000) per 
annum, or as much thereof as may be necessary to pay the interest on 
the school fund, distributed annually in pursuance of law. 



28 APPROPRIATIONS. 



Twenty -second — Such sums as may be necessary to refund the taxes 
on real estate sold or paid in error, and for over-payments of collectors 
accounts under laws governing such cases to be paid out of the proper 
funds. 

Twenty -third— -For laborers, janitors and watchmen of the State 
House who shall perform such duties as shall be assigned to them by 
the Secretary of State, the sum of four thousand dollars (14,000) per 
annum, or so much thereof as shall be necessary, payable quarterly 
upon the order of said Secretary of State. 

Twenty-fourth — For the salary of the curator of the Illinois State 
Historical Library and Natural History Museum, the sum of eighteen 
hundred dollars ($1,800) per annum, and for the salary of one assistant 
the sum of six hundred dollars per annum. For the contingent and 
necessary expenses of the curator, including traveling on business con- 
nected with his office, the sum of three hundred dollars per annum. 

Twenty-fifth — To the Railroad and Warehouse Commissioners for 
the incidental expenses of their office, including care, stationery, post- 
age and telegraphing expenses, extra clerk hire, the fees of experts 
employed, and for the Secretary's salary, and for all necessary ex- 
penditures, except those hereinafter provided for, a sum not to exceed 
four thousand dollars per annum. For expenses incurred in suits or 
investigations commenced by authority of the State under any law 
now in force or hereafter to be enacted, empowering or instructing 
the board of commissioners, the sum of five thousand dollars per an- 
num or such part thereof as may be needed for such purpose. The 
appropriations made by this clause, to be paid upon detailed state- 
ments filed with the Auditor, bearing the order of the board and ap- 
proved by the Governor. 

Twenty-sixth — -A sum not to exceed fifty thousand dollars to pay 
the compensation of the employes of the next General Assembly, al- 
lowed them by law, to be paid on pay roll certified by the presiding 
officers of the respective Houses or as otherwise provided by law. 

Twenty-seventh — The sum of three thousand dollars for rewards for 
arrests of fugitives from justice, to be paid upon bills of particulars 
having the order of the Governor endorsed theron. 

Twenty-eighth— For copying the laws, journals and joint resolutions 
of the General Assembly, as provided by law, one thousand two hun- 
dred dollars ($1,200) or so much thereof as may be necessary. For 
distribution of the laws, journals and other State documents and inci- 
dental expenses connected therewith, the sum of five hundred dollars 
($500). 

Twenty-ninth — For heating, fuel, repairs, and pay of engineers and 
firemen of the State House and other incidental expenses thereof the 
sum of ten thousand dollars per annum or so much thereof as may 
be needed. For lighting the State House and incidental expenses 
thereof, the sum of four thousand dollars per annum, or so much 
thereof as may be necessaiy to be paid, upon bills of particulars, certified 
by the Secretary of State and approved by the Governor. 



APPROPRIATIONS. 29 



• Thirtieth — The sura of five thousand dollars, or so much thereof as 
may be needed, to pay the necessary expenses of the different stand- 
ing and special comniittees of the two houses, their experts witnesses, 
and clerks, of the thirty-first (olst) General Assembly, payable on the 
certificates of the chairman of the respective committees, approved 
by the presiding officers of the respective houses. 

Thirty-first — To the State Board of Equalization for paying expenses, 
a sum not to exceed ten thousand dollars per annum, payable in the 
manner provided by law. 

Thirty-second, — The sum of three thousand dollars ($3,000) to the 
Auditor of Public Accounts for cases for, and arrangement and care 
of the books, papers and correspondence received from the United 
States Land Office, formerly located at Springfield Illinois. 

Thirty-third — Such sum as may be necessary to enable the Sec- 
retary of State to purchase such volumes of the reports of the de- 
cisions of the Supreme Court as he is or may be by law required to 
purchase to be paid on bills of particulars, certified by the Secretary 
of State and approved by the Governor, 

Thirty-fourth — To the Secretary of State for hire of clerks required 
by law to be furnished by him to the Illinois State Board of Health 
the sum of fifteen hundred dollars per annum or so much thereof as 
shall be necessary, payable quarterly on his order. To the Secretary 
of State for the purchase and necessary incidental expenses of books 
for State Library, the sum of three thousand dollars ($3,000) per 
annum, payable on bills certified by the Board of Commissioners of 
State Library and approved by the Governor. 

Thirty-fifth — The amount of the Illinois Central Railroad fund re- 
maining in and accruing to the State Treasury is hereby appropriated 
for the payment of interest on the State debt and the principal of such 
State bonds as have been or may be called in by proclamation of the 
Governor, and the Auditor shall issue his warrant upon the proper 
evidence of the payment of interest, or surrender of the bonds ap- 
proved by the Governor. 

Thirty-sixth — The sum of one million dollars ($1,000,000) annually 
out of the State School Fund, to pay the amount of the Auditor's 
orders, and for distribution of said fund to the several counties. The 
Auditor shall issue his warrants on the proper evidence that the 
amount distributed has been paid to the county school superintendents. 

Thirty-seventh — For the purpose of paying the expenses incident to 
the establishment of the Appellate Court in the Third Appellate Dis- 
trict the sum of fifteen hundred and forty six and 90-100 ($1,546.90- 
100) dollars upon presentation of accounts of 

J. H. Barclay & Co $ 264 80 

Frank Simmons 297 65 

Frank Hudson, Jr 281 55 

Culver, Page, Hoyne & Co ; 10 00 

Illinois State Register Co ... 116 00 

N. Leroy 6 00 

W. K. Richards 8 75 

Springfield Journal Co 10 00 



SO APPROPRIATIONS. 



R. Beet 12 75 

Geo. Sexer 200 00 

E. C. Hamburger 167 50 

C. M. Smith & Co 171 90 

Certified to be correct and to have been necessary by the presiding 
justice of said court, and the further sum of one thousand dollars per 
annum or so much thereof as may be necessary for the payment of 
the necessary incidental expenses of said court, for the two years from 
and after July, 1, 1879, to be paid upon accounts certified to be cor 
rect and necessary by the 'presiding justice of said court. 

Thirty-eighth — The sum of one thousand two hundred dollars to be 
paid to Lottie Moore as a balance of salary due her father the late 
Enoch Moore she being the only surviving heir. 

Thirty-ninth — To the Commissioners of Labor Statistics to pay the 
salary of said commissioners and their secretary and also their office 
and incidental expenses, the sum of three thousand ($3,000) dollars 
per annum or so much thereof as may be necessary, the same to be 
paid under the conditions of an act creating said commissioner. 

Fortieth — The sum of two thousand dollars for the year ending in 
1880, and the sum of one thousand dollars for the year ending in 
] 881 or so much thereof as may be necessary to the Fish Commis- 
sioners of this State to be used by them in pursuance of law, all ex- 
penditures to be upon bills of particulars certified to by a majority of 
commissioners, and approved by the Governor. 

Forty -first — That the sum of five hundred dollars or so much there- 
of as may be necessary for the purpose of paying the proper travel- 
ing and hotel expenses of a clerk to be appointed by the Governor, 
who, under the Governor's order, shall proceed to Washington D. G, 
and there by permission of the proper authorities transcribe the 
records of all Illinois soldiers who have served in the Black Hawk or 
Mexican wars, together with the military services rendered by men 
from Illinois who enlisted in the regular army or navy for any such 
wars, and after having such copy records duly authenticated by the 
war department, to bring them to the Governor of the State of Illinois, 
to be deposited in the archives of the State Adjutant General's office 
for examination and safe keeping. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the State Treasurer 
for the sums herein specified, upon presentation of the proper vouchers 
and the State Treasurer shall pay the same out of the proper funds 
in the treasury not otherwise appropriated, said warrants shall be drawn 
in favor of, and payable to the order of the persons entitled thereto. 

Approved May 31st, 1879. 



APPROPRIATIONS. 31 



STATE GOVERNMENT-INCIDENTAL EXPENSES. 
THIRTY-FIRST GENERAL ASSEMBLY-INCIDENTAL EXPENSES OF THE. 

§ 1. Appropriates $ 15, 000. | § 3. Emergency. 

§ 2. When and how drawn. I 

An Act to provide for the incidental expenses of the Thirty-first Gen- 
eral Assembly and for the care and custody of the State House and 
(/rounds, incurred or to be incurred and novo unprovided for, until 
July 1, 18V 9. Approved and in force May 24, 18V 9. 

Section 1. [Appropriates $15,000.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the sura 
of fifteen thousand dollars ($15,000), or so much thereof as may be 
required, is hereby appropriated to pay for the incidental expenses of 
the Thirty-first General Assembly that may be, or have been incurred 
by order or resolution of the General Assembly, or either branch there- 
of, or by the Secretary of State in the discharge of the duties im- 
posed upon him by law or by the direction of the General Assembly, 
or either branch thereof and which are not otherwise provided for. 
All bills of expense incurred by either branch of the General Assem- 
bly to be paid upon the certificate of the presiding officer of that 
branch of the General Assembly for which the indebtedness was in- 
curred, and also certified by the Secretary of State and approved by 
the Governor. All other expenditures to be certified by the Secretary 
of State and approved by the Governor. And further that there be 
the sum of fifty-two dollars appropriated to pay F. W. Mattocks for 
mileage and attendance as a witness before special committee of the 
Senate of the Thirtieth General Assembly. 

§ 2. [When and how drawn.] The Auditor of Public Ac 
counts is hereby authorized and directed to draw his warrants upon 
the State Treasurer, for the sums herein specified, upon presentation 
of the proper vouchers, and the State Treasurer shall pay the same 
out of any funds in the State Treasury, not otherwise appropriated. 

§ 3. [Emergency.] Whereas, The appropriations above re- 
cited are necessary for the expenses incurred, or to be incurred, for 
the transaction of the business of the State and the General Assembly; 
therefore an emergency exists and this act shall take effect and be in 
force from and after its passage. 

Approved May 24th, 1879. 



STATE GOVERNMENT. 

GENERAL assembly— pay of officers, etc. 

§ 1. Appropriates $700,000. 

An Act making an appropriation for the payment of the officers and 
■members of. the next General Assembly, and for the salaries of the 
officers of the State Government. Approved May 29, 1879. In force 
July 1, 1879. 

Section 1. [Appropriates $700,000] Be it enacted by the .people of 

the State of Illinois, represented in the General Assembly, That there be ' 
and is hereby appropriated the sum of seven hundred thousand dol- 



32 APPROPRIATIONS. 



lars, ($700,000) or so much thereof as may be necessary, to pay the 
officers and members of the next General Assembly, and the salaries 
of the officers of the State Government, at such rate of compensation 
as is now, or hereafter may be fixed by law, until the expiration of 
the first fiscal quarter after the adjournment of the next regular ses- 



sion of the General Assembly. 
Approved May 29th, 1879. 



GTJAKDS— ILLINOIS NATIONAL. 
§ 1. Appropriates $80,000. I § 2. Pay-roll— Emergency. 

An Act to provide f or the payment oj the Illinois National Guard 
f or services performed during the years A. D. 1877 and 1878 and 
for the payment of transportation, s'ubsistance and incidental expenses 
of the same. Approved and in force Ap>ril 22, 1879. 

Section 1. [Appropriates 180,000.] Be it enacted by the People 
of tlie State of Illinois represented in the General Assembly, That the 
sum of eighty thousand dollars or so much thereof as may be neces- 
sary be and the same is hereby appropriated and set apart out of any 
moneys in the State Treasury not otherwise appropriated, for the pur- 
pose of paying the Illinois National Guard, for services during the 
years A. D. 1877 and 1878 and for the payment of transportation 
subsistence and incidental expenses of the same. 

§ 2. [Pay-roll — approved by Governor — emergency.] That for the 
payment of the officers and soldiers a pay-roll for each separate command 
and for the field and staff, shall be made out which shall contain the 
name of each officer or soldier, the number of days of actual service 
rendered and the amount due each person named for. such service. 
The pay rolls shall be certified respectively by the commanding offi- 
cers to be correct and shall be approved by the Governor and filed in 
the office of the Adjutant-General. For the payment of all transporta- 
tion, subsistence and incidental expenses, all persons having claims 
shall make out itemized bills for the same verified by affidavit, which 
bills shall be certified as correct and payment recommended by the 
officer under whose command the expense was incurred and shall be 
approved by his commanding officers and the Governor and filed in 
the office of the Adjutant General. The Adjutant General shall forth- 
with certify the amounts due each person as shall appear by such pay 
rolls and bills to the Auditor who shall thereupon draw his warrant 
upon the Treasurer, payable to the order of such person for the amount 
due and forward the same by mail to him or his commanding officer: 
Provided, that no bill shall be approved by the Governor for the trans- 
portation of troops by railroad companies for a greater sum than two 
(2) cents per mile per capita. 



APPROPRIATIONS. 33 



Whereas, The amount appropriated by this act has been due for 
over one year therefore an emergency exists and this act shall take ef- 
fect from and after its passage. 

Approved April 2 -2d, 1879. 



O. M. HATCH-BALANCE OF SALARY TO. 
Section 1. Appropriates $171. 10. 

An Act to allow 0. M. Hutch one hundred and seventy-one 10-100 
dollars ($171.10), on unpaid balance on account of salary and clerk 
hire as Secretary of State. Approved May 31, 1879. In force July 
1, 1879. 

Section 1. [Appropriates $171.10.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That there is 
hereby allowed to O. M. Hatch, as unpaid balance on account of salary 
of Secretary of State from December 1st, 1804, to January lGth, 1865, 
the sum of one hundred, four and 44-100 dollars, and as unpaid bal- 
ance on account of clerk hire of Secretary of State from Feb. 14, to 
Feby, 28, 1863, the sum of sixty-six and 66-100 dollars; and upon pre- 
sentation to the Auditor of Public Accounts of properly receipted bills 
therefor, he shall draw his warrant on the State Treasurer for said 
amounts. 

Approved May 31st, 1879. 



appropriations. 
health-board of— and quarantine at metropolis. 

§ 1. Appropriations for various purposes. | § 2. How drawn. 

An Act to appropriate moneys to the State Board of Health, and to 
re-imburse the city of Metropolis for expenditures under the direc- 
tion of the State Board of Health. Approved May 31, 1879. In 
force July 1, 1879. 

Section 1. [Appropriations for various purposes.] Be it enact- 
ed by the Peoptle of the State of Illinois represented in the General 
Assembly, That there be appropriated to the State Board of Health 
for the following purposes and for rid other, the sums following, to-wit: 

For a salary of a clerk, which shall be fixed by the -board, a sum 
not to exceed twenty-five hundred ($2,500) dollars per annum. For the 
traveling expenses of said clerk, a sum not to exceed five hundred ($500) 
dollars, per annum, for the years 1879, and 1880. Payable quarterly 
from and after July 1, 1879. 



34 APPROPRIATIONS. 



For expenses of members attending meetings of the Board, and for 
postage and other incidental expenses of office, one thousand ($1,000) 
dollars, per annum; for the years 1879, and 1880, payable quarterly 
from and after July 1, .1879. 

Also the sum of five thousand ($5,000) dollars, as a contingent fund, 
to be used only with the consent and concurrence of the Governor, in 
case of the outbreak of any epidemic or malignant disease, such as yellow 
fever, cholera, etc, to defray the expenses of the Board of Health in 
investigating the causes of such diseases, and in aiding to prevent 
their spread, and there is hereby appropriated the sum of three hundred 
($300) dollars, to reimburse the city of Metropolis, for money expended in 
quarantining the Ohio river and protecting the city, against yellow 
fever, in the year 1878, to be paid on the voucher duly made out and 
receipted by the mayor, and certified by the clerk of said city, under 
the seal of said city, and on the presentation of said voucher duly signed 
and certified to the Auditor, he shall draw his warrant on the Treasurer 
for the sum hereby appropriated for the payment of the same. 

§ 2. [How drawn.] The Auditor of Public Accounts, is hereby 
authorized and directed to draw his warrant on the Treasurer for the sums 
herein appropriated, j^ayable out of any moneys in the Treasury not other- 
wise appropriated upon the order of the Board of Health, signed by 
the president of the Board and attested by the secretary; Provided, 
that vouchers shall be taken in duplicate, and original or duplicate 
vouchers shall be forwarded to the Auditor of Public Accounts, for 
the expenditure of the sums appropriated in this act. 

Approved May 31st, 1879. 



HORTICULTURAL SOCIETY-STATE. 



§ 1. Appropriates S3, 000 per annum. 



An Act making appropriation in aid of the Illi?iois Horticultural 
Society. Approved May 16, 1879. In force July 1, 1879. 

Section 1. [Appropriates $2,000 per annum.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, 
That there be appropriated for the use of the Illinois State Horticultural 
Society the sum of two thousand dollars ($2,000) per annum for the 
years 1879 and 1880, to be expended by said society, for the purpose 
and in the manner specified in "An Act to reorganize the Illinois State 
Horticultural Society," approved March 24th 1874. 

Approved May 16th, 1879. 



APPROPRIATIONS. 35 



HOSPITAL FOR THE INSANE-CENTRAL. 
§ 1. Appropriates $110, 000. | § 2. When and how drawn. 

An Act making appropriations to defray the ordinary expenses of the 
Illinois Ventral Hospital for the Insane, located at Jacksonville; for 
the purchase of land, and for making repairs and improvements to 
said Hospital. Approved May 22, 1879. In force July 1, 187v). 

Section 1. [Appropriates $110,000 per annum.] Be it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, That for the purpose of defraying the ordinary expenses of 
the Central Hospital for the Insane, at Jacksonville, the sum of one 
hundred and ten thousand dollars ($110,000) per annum, be, and is, 
hereby appropriated out of the State treasury, payable quarterly in 
advance, from the first day of July, 1879, until the expiration of the 
first fiscal quarter, after the adjournment of the next General Assembly. 

For renewing the heating surfaces in one section of one wing, and 
for general repairs and improvements, five thousand dollars ($5,000) 
per annum. 

For the purchase of thirty (30) acres of land, five thousand dollars 
(5,000). 

For building for shops, mill and engine rooms, and for steam engine, 
mill and shafting, eight thousand dollars ($8,000). 

For buildings for corn cribs, piggery, slaughter house and apparatus 
for cooking food, twenty-five hundred dollars ($2,500). 

For enlarging, finishing and furnishing amusement hall, three 
thousand dollars ($3,000). 

For improving grounds, one thousand dollars ($1,000). 

For painting outside of new wings, re-arranging fences and grading 
one thousand dollars ($1,000). 

For putting in thermostats at proper places, throughout the building, 
connecting the different parts of the hospital with the central office, 
by electric signals and for constructing telegraph to connect with 
town office, with the necessary apparatus for operating the same, one 
thousand dollars ($1,000). 

§ 2. [When and How Drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrant on the Treasury 
for the said sums, upon the orders of the board of trustees of the Illinois 
Central Hospital for the Insane, signed by the President and attested 
by the Secretary of said board, with the seal of the institution accom- 
panied by such vouchers and estimates as are now required by law for 
the drawing of funds from the Treasury by said institution. 

Approve]) May 22d, 1S79. 



36 APPROPRIATIONS. 



STATE CHARITABLE INSTITUTIONS. 
HOSPITAL FOR THE INSANE— CENTRAL. 

§ 1. Appropriates $3, 996 for sewer. | § 2. How drawn. 

An Act making an app>ropriation for the purpose of constructing a 
sewer for the Illinois Central Hospital for the Insane. Apjproved 
May 29, 1879. In force July 1, 1879. 

Section 1. [Appropriates $3,996, for construction op sewer.] 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That the sura of three thousand nine hundred and 
ninety-six dollars, ($3,996) be, and the same is hereby appropriated out 
of any moneys in the State Treasury not otherwise appropriated for 
the purpose of constructing a sewer leading from the Central Illinois 
Hospital for the Insane to the Mauviasterre creek. The trustees of said 
hospital are hereby charged with the duty of locating and constructing 
said sewer. The same shall be of sufficient capacity to carry off all 
the sewage of said hospital and its total cost shall not exceed the 
amount herein appropriated. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
directed to draw his warrant for said sum of money, upon presenta- 
tion of the proper vouchers therefor, payable to the person or persons 
therein named. 

Approved May 29th, 1879. 



HOSPPTAL FOR THE TNSANE-EASTERN. 

8 1. Appropriations for 1879 and 1880. 

An Act making an appropriation for the ordinary expenses of the 
Illinois Eastern Hospntal for the Insane, at Kankakee. Approved 
May 24, 1879. In force July 1, 1879. 

Section 1. [Appropriations for 1879 and 1880.] Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly, That there be and hereby is appropriated for the ordinary 
expenses of the Illinois Eastern Hospital for the Insane, at Kankakee 
for one year from July 1st, 1879, the sum of thirty thousand dollars 
($30,000.00), and from the first of July, 1880, at the rate of sixty 
thousand dollars ($60,000.00) per annum until the expiration of the 
first fiscal quarter after the adjournment of the next General Assem- 
bly; the moneys herein appropriated to be payable quarterly in advance, 
in the manner now provided for by law. 

Approved May 24th, 1879. 



APPROPRIATIONS. 3*7 



HOSPITAL FOR THE INSANE-EASTERN. 



§ 1. Appropriations for buildings, land, etc. I § 3. How paid. 
| 2. Contracts not to exceed appropriation. | 



An Act making appropriations for the Illinois Eastern hospital for 
the Insane, at Kankakee. Approved May 28, 1879. In jo r ce July 
1, 1879. 

Section I. [Appropriations for buildings, land, etc.] Be it 
enacted by the People of the /State of Illinois, represented in the General 
Assembly, That the following amounts be and are hereby appropriated 
to the Illinois Eastern Hospital for the Insane, at Kankakee, for the 
purposes hereinafter named, and for no other: 

For the construction and completion of one section of the north 
wing, to accommodate seventy-five female patients, sixty-five thousand 
dollars ($65,00o). 

For the construction of coal house, carriage "house, stables, farm 
building, quarters for employes, amusement hall, shops and other ne- 
cessary outbuildings, thirty thousand dollars ($30,000). 

For roads, walks, grading, trees, shrubbery, and improvement of 
farm and grounds, twenty-five hundred dollars ($2,500). 

For the purchase of furniture, tools, implements and machinery for 
use in shops, kitchen, laundry, chapel amusement hall and all other 
buildings erected or to be erected from funds herein or heretofore ap- 
propriated, thirty thousand dollars (130,000). 

For farm implements, stock, carriage for patients, wagons, buggy, 
harness etc., five thousand dollars (#5,000). 

For fencing, and for purchase of additional land, live thousand dol- 
lars ($5,000). ' 

For the construction and completion of detached wards, to accom- 
modate not less than eighty male patients, thirty thousand dollars 
(30,000). 

§ 2. [Contracts not to exceed appropriation.] The trustees 
shall not contract for nor begin the erection of any building or build- 
ings which cannot be fully completed within the amount of the pres- 
ent appropriation; but they may use any unexpended balances of the 
appropriations herein or heretofore made for the better accomplish- 
ment of the purposes of this act — namely, to make the earliest and 
fullest provision for the iusane of this state which may be expedient 
or possible: Provided, no portion of any sum herein appropriated, 
shall be diverted from the specific purpose for which it is appropri- 
ated. 

§ 3. [How paid.] The moneys herein appropriated shall be due 
and payable to the trustees or their order only on the terms and iu 
the manner now provided by law. 

Approved May 28th, 1879, 



APPROPRIATIONS. 



HOSPITAL FOR THE INSANE -NORTHERN. 
§ 1. Appropriates sums named. I § 2. How drawn. 

An Act making appropriations for the ordinary and other expenses 
of the Illinois Northern Hospital for the Insane at Elgin. Approv- 
ed May 29, 1879. In force July I, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the following amounts be 
and are hereby appropriated to the Northern Hospital for the Insane, 
at Elgin, for the purposes herein named, and for no other; 

For ordinary expenses, the sum of one hundred thousand dollars 
(1 100,000) per annum, payable quarterly, in' advance, from the first 
day of July 1879, until after the expiration of the first fiscal quarter 
after the adjournment of the next General Assembly. 

For repairs, five thousand dollars ($5,000) per annum. 

For gallery in amusement hall, seven hundred and ninety-six dollars, 

($796). 

For improvement of grounds, shade and fruit trees five hundred dol- 
lars ($500) per annum. 

For relaying and replacing water pipe two thousand dollars ($2,000). 

For metallic blinds for cottages, four hundred and eighty dollars 

($480). 

For hose, Babcock extinguishers and other fire apparatus, one thousand 
one hundred and eleven dollars ($1,111). 

For telephone communication with city and thermostats, one thousand 
dollars ($1,000). 

For one engine with foundation, sixteen hundred dollars ($1,600). 

For machinery for carpenter shop, sixteen hundred and twenty-seven 
dollars ($1,627). 

For machinery for engineers shop seven hundred and sixteen dollars 
($716). 

For sheds between horse and straw barn, five hundred dollars ($500) ; 

For paying Smith Hoag for materials and labor on brick and frame 
cottages, boiler house, refrigerator-house, aii -ducts and sewers, the sum 
of twelve hundred dollars ($1,200). 

§ 2. [How Drawn]. The Auditor of Public Accounts is hereby 
authorized to draw his warrant upon the Treasurer for the money 
herein appropriated upon the order of the board of trustees of said 
Institution, signed by the president and attested by the secretary, with 
the seal of the Institution thereto affixed, subject to the limitation and 
conditions in sections eighteen (18) 'nineteen (19) and twenty (20) of 
an act entitled "An act to regulate the State Charitable Institutions 
and the State Reform School and to improve their organization, and 
increase their efficiency" approved April 15, 1875. 

Approved May 29th, 1879. 



APPROPRIATIONS. 39 



STATE CHARITABLE INSTITUTIONS. 



HOSPITAL FOR THE INSANE-SOUTHERN. 



§ 1. Appropriations for ordinary expenses. § 3. How drawn. 

§ 2. Appropriations for improvements, etc. | 

An Act making appropriations for the Illinois Southern Hospital for 
the Insane, at Anna. Approved May 31, 1879. In force July 1, 

1879. 

Section 1. [Appropriations for ordinary expenses.] Be it en- 
acted by the People of the State of Illinois, represented in the Gen- 
eral Assembly, That in addition to the unexpended balance of twenty- 
four thousand dollars ($24,000) which is hereby appropriated, there be 
and hereby is, appropriated to the Illinois Southern Hospital for the 
Insane at Anna, for ordinary expenses for the year commencing July 
1, 1879, the sum of sixty-six thousand dollars ($86,000), and the sum 
of ninety thousand dollars, ($90,000) per annum, thereafter, for ordin- 
ary expenses until the expiration of the first fiscal quarter after the 
adjournment of the next regular session of the General Assembly, the 
sums herein appropriated, payable quarterly in advance. 

§ 2. [Appropriations for improvements.] That for the purpose of 
making needed improvements and repairs, four thousand dollars ($4,000), 
per annum, is hereby appropriated. For improvement of grounds, one 
thousand dollars ($1,000) per annum, is hereby appropriated. For 
new kitchen, three thousand dollars ($3,000) is hereby appropriated. 
For water supply, two thousand five hundred dollars ($2,500) is here- 
by appropriated. For removal of old barn, one thousand dollars 
($1,000) is hereby appropriated; and for extending sewer, one thous- 
and five hundred dollars is hereby appropriated. 

§ 3. [How drawn.] The Auditor of Public Accounts is hereby 
authorized to draw his warrant upon the Treasurer for the moneys 
herein appropriated, upon the orders of the board of trustees of said 
institution, signed by the president, and attested by the secretary, with 
the seal of the institution thereto affixed, subject to the limitations 
and conditions contained in an act entitled "An Act to regulate the 
State Charitable Institutions and State Reform School, and to improve 
their organization and increase their efficiency" approved April 15, 
1875. 

Approved May 31st 1879. 



ILLINOIS COAT OF ARMS FOR MT. VERNON. 
§ 1. Appropriates $150.00. | § 2. When and how drawn. 

An Act making an appropriation for the furnishing of the Coat of 
Arms of the State of Illinois, to be placed in the home of George 
Washingtoyi, at Mount Vernon. Approved May 21, 1879. In force 
July 1, 1879. ! 

Whereas, For several years past, the "Mount Vernon Ladies' Asso- 



40 APPROPRIATIONS. 



ciation of the Union" has been engaged in the work of repairing and 
restoring the estate of George Washington at Mount Vernon, as the 
trustee and the guardian thereof for the Nation; and 

Whereas, It is now the desire of the association to repair and re- 
furnish the rooms of the old homestead; and 

Whereas, To that end, certain rooms have been set off to certain 
of the States, the citizens of which States through said association, are 
now engaged in the work of restoration and refurnishing (among which 
are the States of New York, Ohio, Connecticut, and the State of Illi- 
nois); and 

Whereas, It is the desire, and a part of the plan of said associa- 
tion, that the Coat of Arms of each of such States, shall be placed 
over the entrance to such room so set off to such State; and 

Whereas, The Illinois branch of said Association is now engaged 
in the work of restoring and refurnishing what is known as the West 
Parlor, the room so set off to the State of Illinois, and hereafter to 
be called "The Illinois Room;" therefore. 

Section 1. [Appropriates $150.00 eor coat of arms.] Be it en- 
acted by the People of the State of Illinois, represented in the General 
Assembly, That the sum of one hundred and fifty dollars ($150.00) be, 
and the same is, hereby appropriated for the cost of furnishing such 
Coat of Arms, to be executed in such manner and style as shall con- 
form with the general plan of said association in reference to such 
Coat of Arms. 

§ 2. [When and how paid.] The money herein appropriated shall 
be paid directly from the treasury of the State, on the warrant of the 
Auditor of Public Accounts, to the treasurer of the Illinois branch of 
the Mount Vernon Ladies Association, upon the written order of the 
vice regent of said association for the State of Illinois. 

Approved May 21st, 1879. 



JOEL JOHNSON- RELIEF OF 



Section 1. Appropriates $539.80. 



An Act for the relief of Joel Johnson, a messenger- sent into the 
State of Texas, to return a fugitive from justice. Approved May 
21, 1879. In force July 1, 1879. 

Whereas, On the 19th day of December, 1873, John L. Beveridge, 
the then Governor of the State of Illinois, did appoint and commission 
one Joel Johnson his messenger to go into the State of Texas to 
capture and return to this State one John W. Haley, who was in- 



APPROPRIATIONS. 41 



dieted in Massac county, in this State, for murder, and who was a 
fugitive from justice; and, 

Whereas, On the 29th day of January, 1874, the said Joel John- 
son did start from his home in the county of Johnson, in this State 
to go to the State of Texas; and 

Whereas, The said Joel Johnson did go into the State of Texas, 
and found that the said John W. Haley had lied; and 

Whereas, The said Joel Johnson did hire and procure the services 
of the sheriff of Harris county, in said State of Texas, to assist in 
capturing the said John W. Haley, and, 

Whereas, The said sheriff, together with his deputy, did after long 
and continuous pursuit capture the said John W. Haley, and deliver 
him to the said Joel Johnson, who returned him safely to the proper 
authorities of this State, and 

Whereas, The said Joel Johnson, in the discharge of his duties as 
messenger, as aforesaid, did hire and pay for assistance as aforesaid, and 
traveling expenses while in the discharge of his duty as messenger as 
aforesaid, the sum of seven hundred and twenty-four dollars and 
eighty cents; ($724-.80-100) and, 

Whereas, The Governor only allowed the said Joel Johnson for 
his services and expenses as aforesaid the sum of three hundred and 
ninety-five dollars; ($395.00) therefore, 

Section- 1. [Appropriates $529.80.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
there be .and hereby is appropriated out of the treasury, the sum of 
three hundred and twenty-nine dollars and eighty cents ($329.80-100) 
to pay said Joel Johnson his said unpaid expenses in and about the 
capture and return of said fugitive, and also the further sum of two 
hundred dollars ($200.00) as and for his reward for the capture of 
said fugitive, and that the Auditor issue his warrant on the treasury 
therefor. 

Approved May 21st, 1879. 



NATURAL HISTORY, MUSEUM AND STATE LABORATORY. 

§ 1. Appropriates sums named. j § 3. Limitation. 

§ 2. How drawn. 

An Act making an appropriation for the ordinary expenses of the 
State Laboratory of Natural History at Normal, and for the im- 
provement of the Library thereof, and for the increase of the natural 
history collections of the State Historical Library and Natural His- 
tory Museum at Springfield. Approved May 29, 1879. In force 
July 1, 1879. 

Section 1. [Appropriates sums named.] JBe it enacted by the 
People of the State of Illinois, represented in the General Assembly, 



42 APPROPRIATIONS. 



That there be, and hereby is, appropriated to the State Laboratory of 
Natural History, at Normal, for the purpose of increasing the collec- 
tions in natural history, of the State Historical Library and Natural 
History Museum, at Springfield, the sum of one thousand dollars per 
annum. 

For the supply of State Educational Institutions, the sum of two 
hundred and fifty dollars per annum. 

For the supply of public high schools, the sum of two hundred and 
fifty dollars per annum. 

For the investigation of the food of birds, the sum of two hundred 
dollars per annum. 

For the investigation of the food of fishes, the sum of one hundred 
and fifty dollars per annum. 

For publication of bulletins, the sum of two hundred and fifty dol- 
lars per annum. 

For library, new books, the sum of one thousand dollars per annum. 

For cataloguing the same, the sum of one hundred dollars per an- 
num. 

For pay of assistant, the sum of eight hundred dollars per annum. 

§ 2. [How drawn.] The Auditor of Public Accounts, is hereby 
authorized and required to draw his warrant upon the treasurer for the 
aforesaid moneys, upon the order of the State Board of Education, 
signed by the president and attested by the secretary of said board: 
Provided, that no part of the moneys herein appropriated shall be due 
and payable to the said institution, until satisfactory vouchers in detail, 
approved by the Governor have been filed with the Auditor for the 
expenditure of the last quarterly installment of appropriations herein 
or heretofore made. 

§ 3. [Limitation.] This act shall be and continue in force from 
the first day of July A. D. 1879, until the expiration of the first fiscal 
quarter after the adjournment of the next General Assembly. 

Approved May 29th, 1879. 



STATE CHARITABLE INSTITUTIONS. 
ORPHANS' HOME-ILLINOIS SOLDIERS' . 

§ 1. Appropriates $39,750 annually. I § 3. When and how drawn. 

| 2. Appropriates $3,500 for repairs, etc. 

An Act to make appropriations for the Illinois Soldiers'' Orphans' 
Home, and to maintain said institution for the next two years. Ap- 
proved May 24, "1879. In force July 1, 1879. 

Section 1. [Appropriates $39,750.] Be it enacted by the Peop>le 
of the State of Illinois, represented in the General Assembly, That 



APPROPRIATIONS. 43 



from and after the first day of July, A. D. 1879, until the expiration 
of the first fiscal quarter after the adjournment of the next regular 
session of the General Assembly, there is hereby appropriated to the 
Soldiers' Orphans' Home the sum of thirty-nine thousand seven hun- 
dred and fifty ($39,750) dollars per annum, payable quarterly in ad- 
vance, for the ordinary and incidental expenses of said institution. 

§ 2. [Appropriates for repairs, etc. $3,500.] And there is 
further appropriated to the said institution for the following purposes, 
viz; For necessary improvements and repairs three thousand dollars 
($3,000), and for the necessary sewerage of the Home building five 
hundred dollars, ($500). 

§ 3. [When and how drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant upon the State 
Treasurer for the amounts herein appropriated upon the order of the 
board of trustees, signed by the president and attested by the secretary, 
with the seal of the institution, subject to the provisions of sections 
eighteen (18), nineteen (19) and twenty (20) of an act to regulate the 
State institutions etc, appi'oved April 15th 1875. 

Approved May 24th, 1879. 



state penal institutions, 
penitentiary -illinois state, 

§ 1. Appropriation to pay indebtedness. | § 2. When and how drawn. 

An Act making an appropriation for the Illinois State Penitentiary at 
Joliet. Approved May 28, 1879! In force July 1, 1879. 

Section 1. [Appropriation to pay indebtedness.] He it enacted 
by the People of the State of Illinois, represented in the General 
Assembly, That for the purpose of paying the debts of the Illinois 
State Penitentiary the sum of forty-three thousand five hundred and 
fifteen dollars and fifty cents ($43,515 50) or so much thereof as may 
be necessary, be, and is, hereby appropriated to pay the indebtedness 
of the penitentiary contracted before the first day of October A. D. 
1878. Provided, that no part of the money herein appropriated shall 
_^be used for the payment of any gas machine, and no payment shall 
be made to any person on account of said indebtedness, unless such 
person shall present his claim to said commissioners in writing, and 
accompany the same with an affidavit showing the nature of the in- 
debtedness, the time when the same was contracted, and the amount 
justly due thereon, after allowing all credits; and each claim so pre- 
sented and verified shall thereafter and before any payment is made 
thereon, be approved by the commissioners and warden of said pen- 
itentiary. 



44 APPROPRIATIONS. 



§ 2. [When and now drawn]. The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant on the Treasurer 
for the sum herein specified upon presentation of the proper vouchers, 
and the State Treasurer shall pay the same out of any funds in the 
treasury not otherwise appropriated. 



Approved May 28th, 1879. 



STATE PENAL INSTITUTIONS. 
PENITENTIARY— ILLINOIS STATE. 



5.1. Appropriates $50,000. I §3. How drawn. 

§ 2. Commissioners to make statement. | 



An Act to provide for the ordinary expenses oi the Illinois State 
Penitentiary. Approved May 29, 1879. In force July 1, 1879. 

Section 1. [Appropriates $50,000.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
the sum of fifty thousand dollars ($50,000) be, and the same is hereby 
appropriated to the Illinois State Penitentiary at Joliet, for the pur- 
pose of defraying the ordinary expenses. 

§ 2. [Commissioners to make statement.] The commissioners of 
the penitentiary shall make to the Auditor, on or before the tenth 
day of each month, a detailed statement of all moneys received and 
expended during the preceding month, verified by the warden of the 
penitentiary, and accomj^any such report with proper vouchers for all 
such expenditures. They shall, at the same time, make a statement 
in detail of all their liabilities for such expenditures, in excess of 
receipts as aforesaid, verified by affidavit by the warden and by at 
least two commissioners, and approved by the Governor. 

§ 3. [How drawn.] The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the State Treasurer, 
payable to the commissioners, for a sum equal to the amount of such 
deficiency, as shown by such verified statement. The commissioners 
shall disburse the same in payment of said liabilities, and shall, as 
fast as practicable, file vouchers for such payment with the Auditor, 
no payment shall be made out of this appropriation for any month 
until the commissioners have filed with the Auditor vouchers for all 
sums previously drawn. Nor shall any payment be made out of said 
fund for the purpose of paying any debt or part thereof, created 
previous to the taking effect of this act. 

Approved May 29th, 1879, 



APPROPRIATIONS. 45 



PENITENTIARY— ILLINOIS STATE. 



§ 1. Appropriates $10,900 for repairs. | § 2. How drawn. 



An Act making appropriations for renetoing the roofs of the warden 
house, cell houses and shops, and for rearranging and refitting the 
hospital of the Illinois State Penitentiary, and for construction of 
apparatus to properly heat and ventilate the cell houses of said 
Penitentiary. Approved May 29, 1879. In force July 1, 1879. 

Section 1. [Appropriates $10,900.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the 
following amounts be and hereby are appropriated to the Illinois State 
Penitentiary at Joliet for the purposes herein named, and for no 
other: 

For renewing roofs and making necessary repairs on the warden 
house, cell houses, and shops of said penitentiary, the sum of fifteen 
thousand ($15,000) dollars or so much thereof as may be necessary. 

For heating and ventilating apparatus complete for the east and 
west cell houses of said penitentiary, the sum of ten thousand nine 
hundred (10,900) dollars. 

For rearranging and refitting the hospital the sum of nine hundred 
(900) dollars. 

§ 2. [How drawn.] The Auditor of Public Accounts is hereby 
authorized to draw his warrant upon the Treasurer for the moneys 
herein appropriated upon the orders of the Board of Commissioners 
of said penitentiary, signed by the president and attested by the secre- 
tary, with the seal of said institution thereto affixed. 

Approved May 29th, 1879. 



PENTTENTl A HY -IL LINOTS SOUTHERN . 



§ 1. Appropriates $35, 000- -how paid. I §3. Emergency. 

* 2 Vnnnhfii-s. 



■§ 2. Vouchers 

An Act to pay the indebtedness of the Southern Illinois Penitentiary, 
and meet the current expenses ther of until April \st, 1879. Ap- 
proved and in force May 29, 1879. 

Section 1. [Appropriates $35,000 — how paid.] Be it enacted by 
the People of the State of Illinois, represented in the General Assem- 
bly; That the sum of thirty-five thousand dollars or so much thereof, 
as may be necessary, be and the same is hereby appropriated to pay 
the indebtedness and meet the current expenses of the Southern Illi- 
nois Penitentiary till April 1st, 1879, to be paid to the commissioners 
of said penitentiary out of any moneys in the hands of the Treasu- 
rer not otherwise appropriated, on the warrant of the Auditor of Pub- 
lic Accounts. And the Auditor is hereby authorized to draw his war- 
rant on the Treasurer for said sum, or any part thereof, on receiving 



46 APPROPRIATIONS. 



a certificate of said commissioners, or a majority of them, approved by 
the Governor, that said sum is necessary for the purposes contempla- 
ted by this act. 

§ 2. [Vouchers.] It shall be the duty of said commissioners to 
file with the Auditor, vouchers, showing to whom the money herein 
appropriated is paid, in what sum, and for what purpose. 

§ 3. [Emergency.] Whereas, an emergency exists, therefore, this 
act shall take effect and be in force from and after its passage. 

Approved May 29th, 1879. 



PENITENTIARY ILLINOIS SOUTHERN. 
§ 1. Appropriates $150,000. | § 3. Emergency. 

An Act making an appropriation to complete the Southern Illinois 
Penitentiary. Approved and in force May 29, 1879. 

Section 1. [Appropriates $150, 000. J Be it enacted by the People 
of the /State of Illinois, reptresented in the Getieral Assembly, That the 
sum of one hundred and fifty thousand dollars or so much thereof as 
may be necessary be, and the same is, hereby appropriated for the 
purpose of purchasing necessary material and the employment of such 
skilled labor as the penitentiary commissioners shall find absolutely 
necessary in the erection and completion, with the employment of 
convict labor, in the completion of the north cell-house with capacity 
for at least four hundred additional convicts; the building of a chapel 
laundry, convict kitchen, ice, meat and smoke house, hospital, solitary, 
engine house and fuel rooms, one workshop, gas works and fixtures, 
punrps and reservoir, steam heating apparatus, plumbing and foundation 
of south cell house ot the Southern Illinois Penitentiary, in accordance 
with the plans and specifications adopted for the said Southern Illinois 
Penitentiary: Provided, that the workshop or any other building other 
than the cell-house, may be built of brick, in the discretion of the com- 
missioners. The commissioners of said Penitentiary shall make no con- 
tracts for, or otherwise employ any other than convict labor where the 
same can be used with due regard to the proper construction of said 
buildings. 

The money herein appropriated shall be paid upon vouchers prop- 
erly certified by the Commissioners of said Penitentiary and approved 
by the Governor, out of any money in the Treasury not otherwise 
appropriated, on the warrant of the Auditor of Public Accounts in 
sums not exceeding ten thousand dollars at any one time and the 
Auditor is hereby authorized to draw his warrant on the Treasurer in 
said sums of not exceeding ten thousand dollars each, for the amount 
of money herein appropriated on receiving a certificate of said Com- 
missioners or a majority of them approved by the Governor that said 
money is necessary for the purposes contemplated in this act: Provided, 
that after said Commissioners shall have drawn any amount of money 



APPROPRIATIONS. 47 



by virtue of this act, they shall not be entitled to draw or receive 
any more money by virtue hereof, while there shall remain in their 
hands unexpended, the amount of over one thousand dollars, and they 
shall produce to the Auditor of Public Accounts proper vouchers 
showing the expenditure of such money. Said certificate shall show 
the name of each party to whom any money may be due, together with 
the amount and for what purpose the expenditure was incurred: Provided 
further, that nothing herein shall be construed as to prevent the Commis- 
sioners from drawing the first ten thousand dollars in advance as a working 
fund. And the Comniissioneis of the said Southern Penitentiary are 
hereby authorized to use such portion of the appropriation herein made 
as may be available for the purpose of erecting a hospital department 
adapted to the custody and care of insane convicts. 

§ 2. [Emergency.] Whereas, The appropriation heretofore 
granted the above institution has been exhausted, and the buildings 
are not completed, and an emergency exists, therefore; this act shall 
take effect and be in force from and after its passage. 

Approved May 29th, 1879. 



PENITENTIARY— ILLINOIS SOUTHERN. 

§ 1. Appropriates $150,000— how paid. 

An Act making an appropriation, to complete the Southern Illinois 
Penitentiary. Approved May 31, 1879. in force July 1, 1879. 

Section 1. [Appropriates $150,000 — how paid.] Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly, That the sum of one hundred and fifty thousand dollars or so 
much thereof as may be necessary be, and the same is, hereby appro- 
priated for the purpose of purchasing necessary material and the em- 
ployment of such skilled labor as the penitentiary commissioners shall 
find absolutely necessary in the erection and completion with the em- 
ployment of convict labor, in the completion of the north cell house 
"with capacity for at least four hundred additional convicts; the build- 
ing^of a chapel, laundry, convict kitchen, ice, meat and smoke house, 
hospital, solitary, engine house and fuel rooms, one workshop, gas 
works and fixtures, pumps and reservoir, steam heating apparatus, 
plumbing and foundation of south cell house of the Southern Illinois 
Penitentiary, in accordance with the plans and specifications adopted 
for the said Southern Illinois Penitentiary: Provide, that the work- 
shop or any other building other than the cell house, may be built of 
brick in the discretion of the Commissioneis. The Commissioners of 
said Penitentiary shall make no contracts for or otherwise employ 
any other than convict labor where the same can be used with due 
regard to the proper construction of said buildings. 

The money herein appropriated shall be paid upon vouchers proper- 



APPROPRIATIONS. 48 



ly certified by the Commissioners of said Penitentiary and approved 
by the Governor, out of any money in the treasury not otherwise ap- 
propriated, on the warrant of the Auditor of Public Accounts in sums 
not exceeding ten thousand dollars at any one time and the Auditor 
is hereby authorized to draw his warrant on the Treasurer in said 
sums of not exceeding ten thousand dollars each for the amount of 
money herein appropriated on receiving a certificate of said Commis- 
sioners or a majority of them, approved by the Governor that said 
money is necessary for the purposes contemplated by this act: Pro- 
vided, that after said Commissioners shall have drawn any amount of 
money by virtue of this act, they shall not be entitled to draw or re- 
ceive any more money by virtue hereof while there shall remain in 
their hands unexpended the amount of over one thousand dollars, and 
they shall produce to the Auditor of Public Accounts proper vouchers 
showing the expenditure of such money. Said certificate shall show 
the name of each party to whom any money may be due, together 
with the amount and for what purpose the expenditure was incurred: 
Provided further, that nothing herein shall be construed as to prevent 
the Commissioners from drawing the first ten thousand dollars in ad- 
vance as a working fund; And the Commissioners of the said South- 
ern Penitentiary are hereby authorized to use such portion of the ap- 
propriation herein made as may be available for the purpose of erect- 
ing a hospital department adapted to the custody and care of in- 
sane convicts. 



Approved May 31st, 1879. 



PENITENTIARY-ILLINOIS SOUTHERN. 

FOR SOUTHERN ILLINOIS PENITENTIARY. 

§ 1. Appropriates $200,000— how drawn. j § 3. Monthly statement. 
§ 2. Restriction. 

An Act making appropriation for the support of the Southern Illinois 
Penitentiary. Approved Max/ 31, 1879. In force July 1, 1879. 

Section 1. [Appropriates $200,000 — hoav drawn.] Be it enacted 
by the People of the /State of Illinois, represented in the General Assem- 
bly, That the amount of two hundred thousand dollars ($200,000). be, 
and hereby is appropriated to the Southern Illinois Penitentiary, from 
July 1, 1879, to July 1, 1881, for the purpose of defraying the ordi- 
nary expenses thereof, and for no other purpose; which amount shall 
be paid to the Commissioners of said penitentiary, on the warrant of 
the Auditor of Public Accounts, in sums not exceeding five thousand 
dollars ($5,000), at any one time. The Auditor of Public Accounts is 
hereby authorized to draw his warrant on the Treasurer for the money 
hereby appropriated, on receiving a certificate of said commissioners, 
or a majority of them, approved by the Governor, that such money is 



APPROPRIATIONS. 49 



necessary for the purpose contemplated by this act, in sums not exceed- 
ing five thousand dollars at one time. 

§ 2. [Restriction.] After said commissioners shall have drawn 
any amount of money by virtue of this act, they shall not be entitled 
to draw or receive any more by virtue hereof, while there shall re- 
main in their hands an amount unexpended exceeding one thousand 
dollars (#1,000), and they shall file with the Auditor of Public Ac- 
counts, proper vouchers showing the expenditure of such money. 

§ 3. [Monthly statement.] Said commissioners shall file with 
the Auditor of Public Accounts, on or before the 15th of each month, 
a statement verified by the warden and a majority of the commis- 
sioners, which statement shall contain a complete financial exhibit of 
the prison for the month next preceding, showing in full detail the 
receipts from all sources and all expenditures. 



Approved May 31st, 1879. 



REFORM SCHOOL AT PONTrAC. 
§ 1. Appropriations for ordinary expenses. | § 2. How paid. 

An Act making appropriations for the State Reform School, at 
Pontiac. Approved May 31, 1879. Li force July I, 1879. 

Section 1. [Appropriations for ordinary expenses.] Be it en- 
acted by the People of the State of Illinois, represented in the General 
Assembly, That the following sums be and are hereby appropriated 
to the State Reform School at Pontiac, for the purposes herein speci- 
fied. For ordinary expenses the sum of twenty-two thousand dollars 
(122,000), together with the balance of funds in the hands of the 
treasurer of said institution, for the year beginning July 1, 18 7 9, and 
ending June 30, 1880, and twenty-eight thousand dollars for the year 
ending June 30, 1881. . 

For repairs and improvements, two thousand dollars (#2,000.00) per 
annum. 

For replenishing the library and furnishing papers, two hundred dollars 
($200.00) per annum. 

For drainage one thousand dollars ($1,000.00). 

And for the improvement of the ground two hundred dollars 
($200.00). 

§ 2. [How paid.] The moneys herein appropriated shall be paid 
to the institution in the manner and upon the conditions now pro- 
vided by law. 

Approved May 31st, 1S79. 



50 N APPROPRIATIONS. 



UNIVERSITIES. 
UNIVERSITY— ILLINOIS INDUSTRIAL. 
§ 1. Appropriations for various purposes. | § 2. When and how drawn. 

An Act making appropriations for Illinois Industrial University. Ap- 
proved May 22, 1879. In force July 1, 1879. 

Section 1. [Appropriations for different objects.] Be it en- 
acted by the People of the /State of Illinois, represented in the Gen- 
eral Assembly, That there be and hereby is appropriated to the Indus- 
trial University at Urban a, for the payment of taxes accruing in the 
years 1878, and 1879, on lands owned and held by the State, for the 
use of said institution, in the county of Gage, in the State of Ne- 
braska, and in the counties of Pope, Kandiyohi, and Renville, in the 
State of Minnesota, the sum of two thousand five hundred dollars 
($2,500) per annum. 

For current repairs and improvements on buildings and grounds for 
the said University, during the years 1879, and 1880, the sum of two 
thousand five hundred dollars ($2,500) per annum. 

For current expenses of the chemical and physical laboratories of the 
said University, for the years 1879 and 1S80, the sum of one thou- 
sand dollars ($1,000) per annum. 

For the current expenses for educational work and practical instruc- 
tion of students in the mechanical shops of said university, for the 
years 1879 and 1880, the sum of one thousand five hundred dollars 
($1,500) per annum. 

For the University library and museum for the years 1879, and 1880, 
to wit; 

For the purchase of books, and publication and binding of same, 
one thousand five hundred dollars, ($1,500) per annum. 

For collecting and mounting of specimens for geological, mineralo- 
gical and zoological cabinets, the sum of one thousand dollars ($1,000). 

For the erection of new water closets for the main building, addi- 
tional drainage for the same, additional steam heating coils, water and 
gas service pipe; also, improvements for ventilation of said building, 
the sum of two thousand five hundred dollars, ($2,500). 

For the purchase of an engine, boiler and steam pipes for use in 
heating the University main building, and the general repair of the 
heating apparatus of the University the sum of three thousand dollars 
($3,000). 

§ 2. [When and how drawn.] The Auditor of Public Accounts 
is hereby authorized and directed to draw his warrant on the Treasurer 
for the sum herein appropriated, payable out of any money in the 
Treasury not otherwise appropriated, upon the order of the president 
of said board, attested by the Secretary, with the corporate seal of 
the University: Provided, that no part of said sum shall be due and 
payable to said institution until satisfactory vouchers in detail, approved 
by the Governor, shall be filed with the Auditor for all previous 



APPROPRIATIONS. 51 



expenditures incurred by the institution on account of appropriations 
heretofore made; And, provided further, That vouchers shall be taken 
in duplicate, and original or duplicate vouchers shall be forwarded to 
the Auditor of Public Accounts for the expenditures of the sums ap- 
propriated in this act. 



Approved May 22d, 1879. 



UNIVERSITY -NORMAL AT NORMAL. 

§ 1. Appropriates $16,000. I § 3. When act expires. 

§ 2. When and how drawn. 

An Act making an appropriation for the ordinary expenses of the 
Normal University, at Normal, and for additions to the library, mu- 
seum and apparatus thereof. Approved May 21, 1879. In force 
July 1, 1879. 

Section 1. [Appropriates $16,000.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That 
there be and hereby is, appropriated to the Normal University at 
Normal, for ordinary expenses in addition to the one half of the 
interest of the college and seminary fund, which is hereby appropria- 
ted, the further sum of sixteen thousand dollars ($16,000) per annum, 
payable quarterly in advance, for the payment of salaries; for the pur- 
chase of fuel; for additions to library and museum; for apparatus, and 
for incidental expenses; Provided, that the expenses of the model and 
high schools, shall be paid from the receipts for tuition of the pupils, 
in said schools. 

§ 2. [When and now drawn.] The Auditor of Public Accounts, 
is hereby authorized and required to draw his warrant upon the Treas- 
urer, for the aforesaid sums of money, upon the order of the State 
Board ~©£ Education, signed by the president and attested by the sec- 
retary of said board, with the corporate seal of the institution; Pro- 
vided, that no part of the moneys herein appropriated, shall be due 
and payable to the said institution, until satisfactory vouchers, in de- 
tail, approved by the Governor, have been filed with the Auditor, for 
the expenditure of the last quarterly installment of appropriations 
herein or heretofore made for the defraying of the ordinary expenses 
of said university. 

§ 3. [When act expires.] This act shall be and continue in force 
from the" first day of July A. D. 1879, until the expiration of the 
first fiscal quarter, after the adjournment of the next General Assembly. 

Approved May 2Jst, 1879. 



52 APPROPRIATIONS . 



UNIVERSITY-NORMAL-SOUTHERN . 

§ 1. Appropriates $13,591 44-100. and $1,300 | §2. When and how drawn. 

An Act making appropriations for the ordinary expenses of the South- 
ern Illinois Normal University at Oarbondale, and repairs on its 
building, and for additions to its library, museum and apparatus. 
Approved May 24th, 1879 In force July 1, 1879. 

Section 1. [Appropriates $13,591 44, and $1,200.] Be it enacted 
by the People of the State of Illinois, represented in the General Assem- 
bly, That there be and hereby is, appropriated to the Southern Illi- 
nois Normal University at Carbondale, in addition to the one-half of the 
interest of the College, and Seminary fund which is hereby appro- 
priated, the further sum of thirteen thousand five hundred and ninety- 
one dollars and forty-four cents, ($13,591 44,) per annum payable quar- 
terly in advance from the first day of July, 1879, to the first fiscal 
quarter after the adjournment of the next General Assembly, for the 
payment of salaries, for the purchase of fuel, for repairs on the build- 
ing, for additions to the library, museum and apparatus, for the care 
of the grounds and for contingent and incidental expenses: Provided, 
That the expenses of the model and high schools shall be paid out of 
the receipts of tuition from the pupils in said schools; for the con- 
struction of a brick walk leading to the building upon the grounds of 
said university there is hereby appropriated the sum of one thousand 
two hundred dollars, ($1,200). 

§ 2. [When and how drawn.] The Auditor of Public Accounts 
is hereby authorized and required to draw his warrants upon the 
Treasurer for said sums upon the order of the trustees signed by the 
president, and attested by the secretary, with the corporate seal of the 
institution attached: Provided, That satisfactory vouchers in detail, ap- 
proved by the Governor, shall -be filed quarterly with the Auditor of 
Public Accounts for the expenditures, ordinary and extraordinary, of 
the preceding quarter, and that no part of the moneys herein appro- 
priated shall be clue and payable until such vouchers shall have been 
filed. 

Approved May 24th, 1879 . 



WABASH COUNTY— TO REIMBURSE. 

§ 1. Appropriates $15,000. I § 2. When and how drawn. 

An Act to reimburse the county of Wabash for loss and damage of 
public buildings by tornado. Approved May 24, 1879, In force 
July 1, 1879.' 

Whereas, On the fourth day of June, 1877, the court house of the 
county of Wabash, together with a large amount of other public 
and private property in said county was destroyed by a tornado; and 



APPROPRIATIONS. 53 



Whereas, The public indebtedness of said county exceeds, and did 
at the time of the adoption of the Constitution, exceed the limitation 
of such indebtedness allowed by the Constitution; therefore 

§ 1. [Appropriates $15,000.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That the sum 
of fifteen thousand dollars, ($15,000) be, and the same is, hereby ap- 
propriated to reimburse the county of Wabash for the losses sustained 
in the total destruction of the court house, and the partial destruction 
of the clerks offices and jail of said county by tornado as aforesaid. 

§ 2. [When and how drawn.] The appropriation hereby made, 
shall be used exclusively in rebuilding tne court house in said county 
of Wabash; and the Auditor of Public Accounts is hereby authorized 
and directed to draw his warrants upon the Treasurer for the afore- 
said sum of fifteen thousand dollars, ($15,000) payable to the con- 
tractor or contractors for building said court house, at such time or 
times, and in such sum or sums as the county commissioners of said 
county, by order made when in session and entered of record, may 
designate. 

Approved May 24th, 1879. 



JAMES N. WILSON AND THOMAS PENIWELL-REL1EF OF. 
§ 1 Appropriates 16,000 I § 2. How paid. 

An Act making an appropriation for the relief of certain persons who 
toere disabled through the premature discharge of a piece of ordnance 
belonging to the State Arsenal. Approved May 24, 1879. In force 
July 1, 1879. 

Whereas, At a soldiers' reunion held at Decatur, Illinois, on the 
16th day of "October, A. D. 1878, Thomas Peniwell, who served in 
Battery I, of 2nd Illinois Artillery, and James N. Wilson, who served in 
Battery B, of 2nd Ohio Artillery, were each deprived of an arm through 
the premature discharge of a piece of ordnance belonging to the State 
Arsenal; and, 

Whereas, Said piece of ordnance was defective, honey combed and 
unsafe to handle by reason of its holding fire; therefore, 

Section 1. [Appropriates $6,000.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the sum 
of $6,000 be appropriated out of the Treasury, out of any funds not 
otherwise appropriated, for the purpose of compensating the said 
Thomas Peniwell, and James N. Wilson in full for all damages that 
may have accrued to them through the premature discharge of said 
piece of ordnance; three thousand of the six thousand dollars aforesaid, 
to be paid to the said Thomas Peniwell, and three thousand to the 
said James N. Wilson. 



54 



APPROPRIATIONS — ANIMALS. 



§ 2. [How Paid.] The Auditor of Public Accounts is hereby- 
authorized and directed to draw his warrant upon the State Treasurer, 
for the sums herein specified to the oi'der of said James N. Wilson 
and Thomas Peniwell respectively, and the State Treasurer shall pay 
the same out of any funds in the State Treasury not otherwise ap- 
propriated. 



Approved May 24th, 1879. 



ANIMALS. 



DOGS AND SHEEP. 



1. Assessor to make list. 

2. License fee 

3. License fund— how paid out. 

4. Payment not to bar action, when. 

5. Affidavit to show damage. 



§ 6. Damages, how ascertained. 

§ 7. Summons. 

§ 8. Fees of justice, appraisers, etc. 

§ 9. Meaning of "dog." 



An Act to indemnify the owners of sheep in cases of damage commit- 
ted by dogs. Approved May 29th, 1879. In force Jidy 1, J 8'. 9. 

Section 1. [Assessor to make list.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That each 
county and township assessor in this State, when making the assess- 
ment, shall annually make a list of the names of all persons who own 
or keep a dog or dogs, and set opposite the name of such owner or 
keeper the number of dogs he or she has in his or her possession, or 
that is or are kept on his or her premises; which list shall be returned 
by such assessor to the county clerk of the county in which said list . 
is taken as soon as the assessment is completed. 

§ 2. [License fee.] The county clerk shall charge upon the col- 
lectors book against the name of each person reported and returned 
as the owner or keeper of a dog or dogs, as a license fee, the sum of 
one dollar for each dog owned or kept by such person, which fee 
shall be collected at the, same time, and in the same manner as taxes 
upon personal property. In counties not under township organization, 
the collector shall pay the amount received from the licenses aforesaid 
to the treasurer of his county, and in counties under township organiza- 
tion the sum so collected in each town, shall be paid by the collector 
to the supervisor of his town, who shall first give to the people of 
the State of Illinois, for the use of the inhabitants of his town, a 
bond with at least two sureties, to be approved by the Board of Su- 
pervisors of his county, in double the sum of such license fees in his 
town, conditioned that he will faithfully pay out said fund as herein- 
after provided. Said bond shall be filed and remain in the office of 
the county clerk of the proper county. 

§ 3. [License fund — how paid out.] It shall be the duty of the 
county treasurers and supervisors having the custody of the funds 
collected as license fees as aforesaid, to pay the same out in the man- 
ner following: 



ANIMALS. 55 



First. — By such county treasurers to the owners of sheep in their 
respective counties, and by the supervisors to the owners of sheep in 
their respective towns, who shall make proof to them before the first 
Monday of March in each year, of loss or injury to sheep by dogs other 
than their own, the full amount of the loss or injury so proved, if there 
are_£unds sufficient to pay the same; if there be not sufficient funds 
to pay such loss or injury in full, then the owners of sheep so sus- 
taining loss or injury as aforesaid, and making proof thereof as in this 
act provided, shall be paid out of such fund in proportion to his or 
her loss or injury, or his or her pro rata share thereof. 

Second. — If there be a balance of such license fund left in the hands 
of the county treasurer, or town supervisor, after paying the losses 
and injuries sustained as aforesaid, such balance shall be paid to the 
county superintendent of schools of his county for the support of 
schools throughout his county, and by the supervisor of the town, in 
counties under township organization, into the general fund of the 
town, to be disposed of as such town shall deem proper. 

§ 4. [Payment not to bar action, when.] The payment to any 
owner of sheep of money for damages resulting from loss or injury 
to his or her sheep, shall not be a bar to an action by such owner 
against the owner or keeper of the dog or dogs committing such in- 
jury or causing such loss, -for the recovery of damages therefor. The 
court or jury before whom such action is tried shall ascertain from 
evidence what portion, if any, of the damages sought to be recovered 
in such action has been paid to the plaintiff in such action by the 
county treasurer or supervisor of the proper county or town; and in 
case the plaintiff in such action recovers damages, the court shall enter 
judgment against the defendant, in the name of the plaintiff, for the 
use of the proper county or town as the case may be, for the amount 
which the plaintiff has received on account of such damages from 
the county treasurer or supervisor of the proper county or town, if 
such recovery shall equal or exceed the amount so received by 
such plaintiff "-from the county treasurer, or town supervisor of his 
county or town; and the residue of such recovery, if any there be, 
shall be entered in the name of the plaintiff in such action to his 
own use; if the amount of the recovery in such action shall not equal 
the amount previously paid to the plaintiff on account of such dam- 
ages by the county treasurer or the town supervisor of the proper 
county or town, then the judgment shall be entered as aforesaid, for 
the use of such county or town, for the full amount of such recovery. 
Writs of execution issued upon such judgments shall show on their 
face what portion of the judgment is to be paid to the proper county or 
town, and what portion is to be paid to the plaintiff in such action, and 
the judgment when collected shall be paid over to the parties entitled 
thereto, in their proper proportions. 

§ 5. [Affidavit to show damage, etc.] No owner of sheep shall 
be entitled to receive any portion of the fund herein provided, for, 
without first filing an affidavit with the county treasurer in counties 
not under township organization, and in counties under township organ- 
ization, with the supervisor of the town in which his or her sheep 



56 ANIMALS. 



were injured or destroyed, stating that the name of the owner or 
keeper of the dog or dogs which destroyed or injured his or her 
sheep is unknown to him or her, or if known, then stating the name 
and that such owner or keeper is insolvent, and that the affiant has 
received no compensation from such owner or keeper, or from any oth- 
er person, for his or her damages aforesaid; which affidavit may be 
made before any person authorized to administer oaths. 

§ 6. [Damages — how ascertained.] For the purpose of ascer- 
taining the value of all sheep killed or injured by any dogs not own- 
ed or kept by the proprietor of such sheep, it shall be the duty of 
all persons having sheep killed or injured, as aforesaid, to notify the 
nearest justice of the peace who can be found of such loss or injury 
within twenty-four hours after such loss or injury is discovered; and 
thereupon, the said justice of the peace shall immediately summon 
three disinterested men, being freeholders, to act as appraisers of the 
value of the sheep killed or injured as aforesaid. The said appraisers 
shall be sworn by the said justice of the peace to make a true and 
correct estimate of the number and value of the sheep killed or injured 
by dogs, so far as they may be able to ascertain the same. The said 
justice of the peace shall receive from the said appraisers their esti- 
mate as aforesaid, in writing, signed by them, and attach thereto his 
certificate certifying that the said appraisers were duly summoned by 
him upon the application of the owner of the sheep killed or injured, 
or on the application of the agent of such owner, and shall within 
five days thereafter file said estimate and certificate with the treasu- 
rer of his county, in counties not under township organization, and 
with the supervisor of the town in which such sheep were killed or 
injured, in counties under township organization; and said estimate 
and certificate, when so filed shall be sufficient evidence of loss or 
damage by dogs, as aforesaid, and the license fund aforesaid in the 
hands of the treasurer or supervisor shall be paid out thereupon on 
the first Monday of March in each year, as hereinbefore provided. 

§ 7. [Summons.] The summons mentioned in the preceding sec- 
tion shall specify the time and place when and where said appraisers 
shall meet to discharge their duties, and shall be served by any con- 
stable of the proper county, who shall receive for his services the 
like fees as are given by law for serving like process in other cases 
before justices of the peace. 

§ 8. [Fees op justice, appraisers, etc.] The justices of the 
peace shall receive for issuing summons and administering oaths under 
this act, the same fees as are given by law for like services in other 
cases; and for making and filing certificate with the estimate of said 
appraisers as herein provided for, the sum of one dollar. Appraisers 
under this act, shall receive for their services, the sum of two dollars 
each, per day, for every days necessary attendance in making appraise- 
ments under this act. All fees given for services under this act, shall 
be paid by the treasurer or supervisor of the proper county or town, 
out of the fund created by this act, prior to its disposition as in the 
third section of this act provided. 



ANIMALS VOLUNTARY ASSIGNMENTS ATTORNEYS. 57 



§ 9. [Meaning of "dog."] The word "dog" as used in this act 
shall be held and construed to mean all animals of the canine species, 
both male and female. 

Approved May 29th, 1879. 



ASSIGNMENTS— VOLUNTARY. 



DISCONTINUANCE OF PROCEEDINGS. 
§ 1. Discontinuance of proceedings . 

An Act to amend an act entitled "An Act concerning voluntary assign- 
ment and conferring jurisdiction therein upon county courts,'''' ap- 
proved May 22, 1877. Approved May 31, 1879. In force July 1, 

1879. 

§ 15. [Discontinuance of Proceedings.] Be it enacted by the 
-People of the /State of Illinois, represented in the General Assembly, 
Th^t an act entitled "An Act concerning voluntary assignments, and 
conferring jurisdiction therein upon county courts; approved May 22, 1877, 
be and the same is hereby amended, by adding thereto the following 
section, to- wit: 

§ 15. All proceedings under the act of which this is amendatory, 
may be discontinued upon the assent, in writing, of such debtor, and 
a majority of his creditors in number and amount; and in such case all 
parties shall be remitted to the same rights and duties existing' at 
the date of the assignment, except so far as such estate shall have 
already been administered and disposed of; and the Court shall have 
power to make all needful orders to carry the foregoing provision 
into effect. 

Approved May 31st, 1879. 



ATTORNEYS AND COUNSELORS. 



REPEAL. 
§ 1 Repeal. 



An Act to repeal an act entitled "An act to restrain persons not attor- 
neys to practice before justices of the peace" approved May 23d, 1877, 
in force July 1st, 1877. Approved May 31, J 879. In force July 1, 
1879. 

Section 1. [Repeal.] Be it enacted by the People of the State of 
Illinois, represented in the General Assembly, That an act entitled "An 
Act to restrain persons not attorneys to practice before justices of the 
peace," approved May 23d, 1877, in force July 1st, 1877, be and the 
same is hereby repealed. 

Approved May 31st, 1879. 



58 BASTARDY. 



BASTARDY. 



8 3. Examination— bail. I § 11. Default of payment. [geucy. 

§ 4. Trial— county or criminal court. | § 12. Contempt -lien of judgment— emer- 

An Act to amend an act entitled "An act concerning bastardy" ap- 
proved April 3, 1872; in force July 1, 1872. Approved and in force 
May 29, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That sections three (3), four (4), 
eleven (11), and twelve (12) of an act entitled "An act concerning 
bastardy," be and the same are hereby amended, so as to read as fol- 
lows: 

Suction 3. [Examination — bail.] Upon his appearance, it shall be 
the duty of said justice to examine the woman, upon oath or affirma- 
tion, in the presence of the man alleged to be the father of the child, 
touching the charge against him. The defendant shall have the right 
to controvert such charge, and evidence may be heard as in cases of 
trial before the county court. If the justice shall be of the opinion 
that sufficient cause appears, it shall.be his duty to bind the person so 
accused in bond, with sufficient security, to appear at the next county 
court, to be holden in such county, to answer such charge, to which 
court said warrant and bond shall be returned, except that in the county 
of Cook, where said warrant and bond shall be returned to the criminal 
court of Cook county. On neglect or refusal to give bond and security, 
the justice shall cause such person to be committed to the jail of the 
county, there to be held to answer the complaint. 

§ 4. [Trial — county or criminal court.] The county or the said 
criminal court of such county, at its next term, shall cause an issue to 
be made up, whether the person charged, as aforesaid, is the real father 
of the child or not, which issue shall be tried by a jury. When the 
person charged appears and denies the charge, he shall have a right 
to controvert, by all legal evidence the truth of said charge. 

§ 11. [Default of payment.] Whenever default shall be made in 
the payment of a quarterly installment, or any part thereof, mentioned 
in the bond provided for in the foregoing section, the county judge of 
the county or the judge of the criminal court in Cook county, wherein 
such bond is filed, shall, at the request of the mother, guardian, or any 
other person interested in the support of such child, issue a citation to 
the principal and sureties in said bond, requiring them to appear on 
some day, in said citation mentioned, during the next term of the 
county court of said county for probate business, or of the said crimi- 
nal court, and show cause, if any they have, why execution should not 
issue against them for the amount of the installment or installments 
due and unpaid on said bond, which said citation shall be served by 
any sheriff or constable of the county in which such principal or 
sureties reside or may be found, at least five days before the term day 
thereof. And if the amount due on such installment or installments 
shall not be paid at or before the time mentioned for showing cause 
as aforesaid, the said judge shall render judgment in favor of the 



BASTARDY. 59 



people of the State of Illinois, against the principal and sureties who 
have been served with said citation, for the amount unpaid on the 
installment or installments due on said bond, and the costs of said 
proceeding; and execution shall issue from said court against the goods 
and chattels of the person or persons against whom said judgment 
shall be rendered, for the amount of said judgment and costs, to the 
sheriff of any county in the State where the parties to said judgment, 
or either of them, reside or have property subject to such execution. 

§ 12. [Contempt — lien of judgment — emergency.] And said 
judge shall also have power in case of default in the payment, when 
due, of any installment or installments, or any part thereof, in the condi- 
tion of said bond mentioned, to adjudge the reputed father of such 
child guilty of contempt of said court, by reason of the non-payment as 
aforesaid, and to order him to be committed to the county jail of said 
county until the amount of said installment or installments so due, 
shall be fully paid, together with all costs of such commitment, and in 
the obtaining and enforcing of said judgment and execution, as aforesaid. 
But the commitment of such reputed father shall not operate to stay 
or defeat the obtaining of judgment and the collection thereof by ex- 
ecution as aforesaid: Provided, That the rendition and collection of 
judgment, as aforesaid, shall not be construed to bar or hinder the 
taking of similar proceedings for the collection of subsequent install- 
ments on said bond, as they shall become due and remain unpaid. 
And, provided, further, That if the judge, or any other person inter- 
ested in the support of such child, shall deem it necessary, in order 
to secure the payment or collection of such judgment, that the same 
should be made a lien on real estate, a transcript of said proceedings 
and judgment shall be made by the clerk of said court, and filed and 
recorded in the office of the clerk of the circuit court of said county, 
in the same manner and with like effect as transcripts of judgments of 
jnstices of the peace are filed and recorded, to make the same a lien 
on real estate, and execution and other process shall thereupon issue 
for the collection of said judgment as in case of other judgments in said 
circuit court, and the provisions of this section, as far as applicable, apply 
to all bonds which have heretofore been taken in pursuance of the 
statutes in regard to bastardy. 

Whereas, The provisions of the statutes, giving jurisdiction in bas- 
tardy cases to county courts, are unconstitutional, so far as the county 
court of Cook county is concerned; ^therefore, an emergency exists, and 
this act shall be in force from and after its passage. 

Approved May 29th, 18/9. 



60 OFFICIAL BONDS. 



BONDS— OFFICIAL. 



8 1. When additional or new bonds may be required. 

An Act to amend section 1, of an act entitled "An act to revise the 
law in relation to official bonds", approved March 13th, 1874 in 
force July 1st, 1874. Approved May 31, 1879. In force July 1, 
1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (I) of an act en- 
titled "An act to revise the law in relation to official bonds," approved 
March ].3th, 1874, in force July 1st, 1874, be amended so as to here- 
after read as follows: 

Section 1. [When additional or new bonds may be required.] 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That all official bonds required by law to be 
g^en by any public officer, or public employe, including executors, ad- 
ministrators, guardians and conservators, in this State, shall be signed 
and sealed by any said officer, employe, executor, administrator, guar- 
dian or conservator, and his securities, and acknowledged before some 
officer authorized by law to take acknowledgments of instruments under 
seal, which said acknowledgments shall be substantially in the follow- 
ing form: 

STATE OF . . • 1 «o 

n r SS. 

County of . . . \ 

I, . . . , hereby certify that . . . , who are each personally 
known to me to be the same persons whose names are subscribed to 
the foregoing instrument, appeared before me this day in person and 
acknowledged that they signed, sealed and delivered said instrument 
as their free and voluntary act for the uses and purposes therein set 
forth. 

Given under my hand and . . seal, this . . . day of . . , 
A. D. . . . 

Which acknowledgment shall be deemed and taken as prima-facie 
evidence that the instrument was signed, sealed and acknowledged in 
the manner therein set forth, and such acknowledgments shall have 
the same force and effect as evidence in all legal proceedings, as that 
given to acknowledgments of deeds of conveyance of real estate. 
That all public officers or employes who are compelled to give official 
bonds may be required by the court, officer, or board whose duty it is 
to take or approve such bonds, to give additional surety or new bonds 
whenever the security of the original bond has become insufficient by 
the subsequent insolvency, death or removal of the sureties or any of 
them, or when for any cause any such bond shall be deemed insuffi- 
cient. Any officer or employe failing to give bond when required, pur- 
suant to this section, within ten days after he is notified in writing of 
such request, shall be deemed to have vacated his office. 

Approved May 31st, 1879. 



BUREAU OP LABOR STATISTICS. 61 



BUREAU OF LABOR STATISTICS. 

\ 

§ 1. Board of commissioner's. I § 3. Compensation. 

8 2. Duties. 

An Act to create a Bureau oj Labor Statistics and to provide /or a 
Board of Commissioners and Secretary. Approved May 29, 1879. 
In force July 1, 1879. 

Section 1. [Board of Commissioners.] Be it enacted by the Peo- 
ple of the State of Illinois, represented in the General Assembly, 
That it shall be the duty of the Governor with the advice and consent 
of the Senate, to appoint a board of commissioners of labor, to con- 
sist of five members, who shall hold office for two years, three of 
whom shall be manual laborers, the remaining members of the com- 
mission shall be manufacturers or employers of labor in some produc- 
tive ^industry, and they shall meet annually on the first Monday in 
September, at the State Capital, when they shall organize by electing a 
president from themselves and appointing a secretary who shall hold 
office for a term of two years or until his successor is appointed; the 
said secretary to have no voice in the deliberations of said board nor 
to be selected from the said commissioners. 

§ 2. [Duties.] The duties of such board shall be to^collect, assort, 
systematize and present in biennial report to the General Assembly, 
statistical details relating to all departments of labor in the State, espe- 
cially in its relations to the commercial, industrial, social, educational 
and sanitary conditions of the laboring classes, and to the permanent 
^prosperity of the mechanical manufacturing and productive industry of 
the State. 

§ 3. [Compensation.] The compensation of said commissioners 
shall be five dollars per day, for thirty (30) days of each annual ses- 
sion, and the compeusation of said secretary shall be twelve hundred 
($1,200), per annum. The amount accruing to said commissioners to be 
paid to them at the expiration of their said annual session of thirty 
days, and the Auditor of Public Accounts, being hereby authorized 
to issue his warrant on the treasury in their favor for the amount 
specified in this section, and the secretary shall be paid quarterly in 
the same manner. The Auditor is further directed and authorized to 
draw his warrant for the actual traveling, incidental and office expen- 
ses of said commissioners and their secretary on their vouchers sworn 
to by them and approved by the president of the board and the Governor. 

Approved May 29th, 1879. 



62 CANAL AND RIVER IMPROVEMENTS. 



CANAL COMMISSIONERS TO MAKE DEED. 



§ 1. Commissioners authorized to deed certain lands. 

An Act to authorize and direct the Canal Commissioners to make a 
deed of conveyance of lot four (4), in block eighteeen (18), in the 
town of Ottawa, to the comity of LaSalle. Approved May 31, 1879. 
In force July 1, 1879. 

Whereas, The county of LaSalle, by its county commissioners, did 
on the fifteenth day of August, A. D. 1831, sell to Abner Young for 
the sum of fifty dollars, lot four (4) in block eighteen (IS) in the 
town of Ottawa, and issue a certificate of sale therefor, and 

Whereas, in pursuance of said sale, the said county commissioners, 
did, on the thirty-first day of December, A. D. 1838, execute a deed 
of conveyance of the said lot to Anthony Pitzer, the legal holder of 
said certificate of sale; and, 

Whereas, The owners of said lot have, since said sale, paid 
taxes assessed on the same by the State of Illinois, for State purposes, 
to the amount of over four thousand dollars (#4,000 00), and 

Whereas, The State has, ever since said sale of said lot, recognized 
the validity thereof by taxing said lot; and, 

Whereas, It now appears that if said lot was ever conveyed by the 
State to said county of LaSalle, said conveyance has been lost or 
destroyed, and no record thereof remains; therefore, 

Section 1. [Commissioners authorized to deed certain lands.] 
Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That the Canal Commissioners be, and they 
hereby are, authorized and directed to convey to the county of LaSalle, 
lot four (4), in block eighteen (18), in the town of Ottawa, as laid off 
by the Canal Commissioners, and to execute and deliver to said county 
a deed of conveyance for the same: Provided, That the deed herein 
specified shall not be executed except upon the payment of the sum 
of two hundred and fifty dollars to the Canal Commissioners and that 
such payment shall be a condition precedent to the execution of such 
deed. 

Approved May 31st, 1879. 



Cemeteries — charities. 63 



CEMETERIES. 



§ 1. Control by corporate authorities. 

An Act in relation to the control of public graveyards. Approved 
May 29, 1879. In force July 1, 1879. 

Section 1. [Control by corporate authorities.] Be it enacted 
by the People o+' the State of Illinois, represented in the General As- 
sembly, That public graveyards in this State, not under the control 
of any corporation sole organization or society and located within the 
limits of cities, villages, towns, townships, or counties not under town- 
ship organization, shall and may be controlled or vacated by the cor- 
porate authorities of such city, village, town, township or county, in 
such manner as such authorities may deem proper, and in the case of 
towns, such control may be vested in three trustees, to be elected an- 
nually by the voters of such town at the annual town meeting therein. 

Approved May 29th, 1879. 



CHARITIES. 



visitation. 

§ 1. Committee of visitation— powers . | § 2. Report— expenses. 

An Act to ^wom7?e for the visitation and examination of the State 
Institutions. Approved May 31, 1S79. In force July 1, 1879. 

Section 1. [Committee of visitation — powers.] Be it enacted 
by the People of the State of Illinois, represented in the General Assem- 
bly, That at each session of the General Assembly three committees 
shall be appointed, one of which shall visit the State Charitable Insti- 
tutions, one shall visit the Penal and Reformatory Institutions, and 
one shall visit the Educational Institutions of this State. Each com- 
mittee shall consist of seven members of the General Assembly, two 
from the Senate and five from the House of Representatives, to be 
appointed in the same manner as the members of the other standing 
committees are appointed. It shall be the duty of said committee 
respectively to visit the said several State Institutions, to make a 
careful and thorough examination of their condition, to investigate any 
charges made to them regarding their management, for which purpose 
they shall have power to take testimony under oath, and to send for 
persons and papers, and to make report of such visitation and examina- 
tion to the General Assembly. 

§ 2. [Report — expenses.] The members of such committees shall 
also report their actual expenses incurred in the discharge of their said 



64 CHARITIES CITIES, VILLAGES AND TOWNS. 



duties, and the same shall be allowed and paid, but no committees or 
members of committees of the General Assembly shall receive any pay 
for services rendered, or for expenses incurred in visiting said State 
Institutions, otherwise than as provided by this act. 

Approved May 31st, 1879. 



CITIES, VILLAGES AND TOWNS. 

WATER WORKS. 
? I. Power to supply water— letting- contracts. 

An" Act to amend section (1) of an act entitled " An act authorizing 
cities, incorporated towns, and villages, to construct and maintain 
Water Works," approved and in force April 15, 1873. Approved 
and in force May 14, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in, the General Assembly, That section one (1) of an act 
entitled "An Act authorizing cities, incorporated towns and villages to 
construct and maintain water works," approved and in force April 
15th, 1873, be and is hereby amended so as to read as follows: 

§ 1. [Power to supply water — letting contract- — emergency.] 
That all cities, incorporated towns and villages in this State, be and 
are hereby authorized and shall have power to provide for a supply 
of water for the purposes of fire protection, and for the use of the 
inhabitants of such cities, incorporated towns or villages by the erec- 
tion, construction and maintaining of a system of water works or by 
uniting with any adjacent city, incorporated town or village, in the 
erection construction and maintaining of a system of water works for 
the joint use of such cities, incorporated towns or villages, or by pro- 
curing such supply of water from any adjacent city, incorporated 
town or village already having water works. Provided, That all con- 
tracts for the erection or construction of such works or any part thereof, 
shall be let to the lowest responsible bidder therefor, upon not less 
than three (3) weeks public notice of the terms and conditions upon 
which the contract is to be let having been given by publication in a 
newspaper published in such city, town or village, or if no newspaper 
is published therein, then in some newspaper published in the count}^. 
And, provided, further, That no member of the city council or board 
of trustees or mayor shall be directly or indirectly interested in any 
such contract, and in all cases the council or board of trustees as the 
case may be, shall have the right to reject any and all bids that may 
not be satisfactory to them. 

Whereas, An emergency exists, therefore this act shall be in force 
from and after its passage. 

Approved May 14th, 1879. 



CITIES, VILLAGES AND TOWNS. 65 



/ CITIES, VILLAGES AND TOWNS. 

§ 14. Abolishes City Register's office. 

An Act to amend an act entitled "An Act to provide for the incorpo- 
ration of cities and villages." Approved April 10, 1872. Approved 
May 15, 1879. In force July 1, 1879, 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That "An Act to provide for the 
Incorporation of Cities and Villages," approved April 10, 1872, be 
amended by adding to the said act the following section to article 
one: 

§ 14. [City register's office abolished.] If any city organized 
or which may hereafter organize under this act, shall have had by the 
terms and provisions of its special charter a city register's office or 
other office in which deeds, mortgages or other instruments were re- 
quired or authorized by law to be recorded in lieu of recording the 
same in the recorder's office in the county where said city was situ- 
ated, such city register's office or recorder's office shall be discontinued 
under this act, and the city register or recorder or other officer hav- 
ing the custody of the records, books and papers pertaining to such 
city register or recorder's office, shall deposit such records and books, 
and papers in the office of the recorder of deeds of the county, in 
which such city is situated, and shall take the receipt of the recorder 
of deeds therefor, and such records, and books, and papers, shall from 
thereafter, be deemed and held for all purposes a part of the 
records of the recorder's office of such county, and shall have 
like legal effect as if the same had been originally a part of the rec- 
ords of Such county recorder's office for all purposes whatsoever, and 
the same or certified transcripts made therefrom, shall have like force 
and effect as evidence as other records of said recorder's office. 

Approved May 15th, 1879. 



power of mayor. 

I 1. When he may remove officers. 

An Act to amend section 7 of article 2 of an act entitled "An Act 
to provide for the incorporation of cities and villages" approved 
April 10, 1872; in force July 1,' 1872. Approved* May 31, 1879. 
In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section 7 of article 2 of "An 
Act to provide for the incorporation of cities and villages," approved 
April 10, 1872, in force July 1, 1872, be amended so as to hereafter 
read as follows: 



66 CITIES, VILLAGES AND TOWNS. 



§ 7. [When he may remove officers.] The mayor shall have 
power to remove any officer appointed by him, on any formal charge, 
whenever he shall be of the opinion that the interests of the city de- 
mand snch removal, but he shall report the reasons for such removal 
to the council at a meeting to be held not less than five days nor 
more than ten days after such removal; and if the mayor shall fail, 
or refuse to file with the city clerk a statement of the reasons for 
such removal, or if the council by a two-thirds (f) vote of all its 
members authorized by law to be elected, by yeas and nays, to be en- 
tered upon its record, disapprove of such removal, such officer shall 
thereupon become restored to the office from which he was so removed; 
but he shall give new bonds and take a new oath of office. No 
officer shall be removed a second time for the same offense. 



Approved May 31st, 18V 9. 



ordinance levying tax. 

§ 1. Ordinance levying- tax— limitation . 

An Act to amend section (1) of article eight (8) of an act entitled 
"An act to provide for the incorporation of cities and villages" ap- 
proved Ap>ril 10th, 1872. Approved May 28th, 1879. In force July 
1, 1S79. 

Section 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That section one (1) of article eight 
(8) of an act entitled "An act to provide for the incorporation of 
cities and villages," approved April 10, 1872, be and the same is here- 
by amended to read as follows: 

§ 1. [Ordinance levying tax — limitation.] The city council in 
cities, and boards of trustees in villages, may levy and collect taxes 
for corporate purposes in the manner following: The city council or 
boards of trustees, as the case may be, shall annually, on or before 
the third (3d) Tuesday in September, in each year, ascertain the total 
amount of appropriations for all corporate purposes legally made and 
to be collected from the tax levy of that fiscal year; and, by an ordi- 
nance, specifying in detail the purposes for which such appropriations 
are made, and the sum or amount appropi'iated for each purpose, res- 
pectively, levy the amount so ascertained upon all the property subject 
to taxation within the city or village, as the same is assessed and 
equalized for State and county purposes for the current year. A cer- 
tified copy of such ordinance shall be filed with the county clerk of 
the proper county, whose duty it shall be to ascertain the rate per 
cent, which, upon the total valuation of all property subject to 
taxation within the city or village, as the same is assessed and equal- 
ized for State and county pui'poses, will produce a net amount not 
less than the amount so directed to be levied; and it shall be the duty 
of the county clerk to extend such tax in a separate column upon the 



CITIES, VILLAGES AND TOWNS. 67 



book or books of the collector or collectors of State and county taxes, 
within such city or village. Provided, the aggregate amount of taxes 
levied for any one (l) year, exclusive of the amount levied for the 
payment of bonded indebtedness or the interest thereon, shall not ex- 
ceed the rate of two (2) per centum, upon the aggregate valuation of 
ail property within such city or village, subject to taxation therein, 
as the same was equalized for state and county taxes of the preceding 
year. 



Approved May 28th, 18*79. 



ARTICLE XI. 



OF THE ORGANIZATION OF VILLAGES. 
§ 8. Trustees— corporate name— powers. | § 13. Annual election. 

An Act to amend' sections eight and thirteen of article XI of "An 
act to provide for the incorporation of cities and villages" approved 
April 10, 1872'. Approved May 28th, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That sections eight and thirteen 
of article XI of "An act to provide for the incorporation of cities and 
villages^' approved April 10th, 1872, be amended so as to read as follows, 
viz: 

§ 8. [Trustees — corporate name — powers.] In each village or- 
ganized under this act, there shall be elected by the qualified electors 
therein six trustees, who shall hold their office until their successors 
are elected and qualified. At the first election held hereafter there 
shall be elected the full number of trustees. At the first meeting of 
the board of trustees held after said first election, the trustees elected 
shall be divided by lot into two classes; those of the first class shall 
continue in office for one year, and those of the second for two years 
from the date of the annual election for that municipal year, and 
annually thereafter there shall be elected three trustees, who shall hold 
their office for the term of two years, and until their successors are 
elected and qualified. The trustees shall choose one of their own 
number president; and such village shall from the time of the first 
election held by it under said act be considered 'in law and equity, 
a body corporate and politic, by the name and style of "The village 

of ," and by such name and style may sue and be 

sued, contract and be contracted with, acquire and hold real and per- 
sonal property necessary for corporate purposes, adopt a common seal 
and alter the same at pleasure, and possess all other powers as a cor- 
poration in this act conferred upon cities not exceeding five thousand 
inhabitants, except as herein otherwise expressly provided. And where- 
ever the words "city council" or "mayor" occur in this act, the same 
shall be held to apply to the trustees and president of such village, 
so far as the same may be applicable. 



68 CITIES, VILLAGES AND TOWNS. 



§ 13. [Annual election.] The annual election for trustees as 
provided in section eight and for clerk of a village shall be held on 
the third Tuesday of April in each year, and special elections may be 
held, under such regulations as may be provided for by ordinance to 
fill vacancies in any office elective at the annual election, and for other 
purposes. 



Approved May 28th, 1879. 



annual election. 

§13. Annual election . | §2. Emergency. 

An Act to amend section 1 3 of article 11 of an act entitled "An act 
to provide for the incorporation of Cities and Villages''' approved 
April I0t/i, 1872, in force July 1st, 1872. Approved and in force 
March 8, 1879. 

Section 1. Be it enacted by the, People of the State of Illinois, 
represented in the General Assembly, That section 13 of article 11 of 
an act entitled "An Act to provide for the incorporation of Cities and 
villages" approved April 10, 1872 in force July 1, 1872 be amended to 
read as follows 

§ 13. [Annual election.] An annual election for trustees and a 
clerk of villages shall be held on the third Tuesday of April in each 
year. Provided — that in villages the territorial limits of which coincide 
with the territorial limits of any township, an election for trustees and 
a clerk of village shall be held at the same time and at the same 
polling places as the annual township election to-wit: On the first 
Tuesday of April in each year. Special elections may be held, under 
such regulations as may be provided by ordinance, to fill vacancies 
and for other purposes. 

# 

§ 2. [Emergency.] Whereas the inhabitants of certain villages 

in this State are now subject to the expense of an unnecessary elec- 
tion in each year whereby an emergency exists that this act shall 
take effect without delay, therefore this act shall take effect and be in 
force from and after its passage. 

Approved March 8th, 1879. 



changing from city to village. 



8 1. Changing- from city to village. 



An Act to amend an act entitled "An, Act to provide for the incorpora- 
tion of cities and villages,' 1 ' 1 approved, April 10th, A. P. 1872, in force 
July 1st, 1872. Approved May 29, 1879. In fo^ce July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly, That the said act entitled, "An 



CITIES, VILLAGES AND TOWNS. 



Act to provide for the incorporation of cities and villages," be amend- 
ed by adding the following section thereto. 

§ [Changing prom city to village.] That it shall be the duty 
of the mayor and common council of any city, upon the petition of 
one-fourth of the legal voters thereof, and upon ten days previous 
notice of such application by the city clerk published in some news- 
paper printed in said city, or by posting such notices in five of the 
most public places within said city, for said period in case no such 
newspaper is printed in said city, to fix the time and call an election 
to decide whether said city shall be organized into a village. That said 
election shall be governed by the provisions of sections fifty (50), 
fifty-six (56) and fifty-seven (5*7) of said act, and the legal voters at 
said election shall vote for or against the organization of said city 
into a village, and the tickets shall be written or printed "For Vil- 
lage Organization" or "Against Village Organization" and if there 
shall be a majority of the votes cast at said election in favor of the 
organization of said city into a village, then said city shall be a vil- 
lage within the meaning of said act under its former name so changed, 
and shall succeed to all the rights and be liable for all the debts 
and legal liabilities of said city, and the mayor of said city shall, 
within ten days after said election, give notice of the time and place 
for the election of trustees as near as may be, as provided for under 
section one hundred and eighty -four (184) and one hundred and 
eighty-five (185) of said act, who shall hold their offices until the next 
regular election. Provided: that after one election shall have taken 
place, no other election for a like purpose until one year shall have 
elapsed. 

Approved May 29th, 1879. 



elections. 

§ 1. Elections. 



An Act relating to elections and to fix the time for holding the same, 
in cities having the same territory as an organized township. Ap- 
proved Mag 6, 1879. In force July 1, 1879. 

Section 1. [Elections.] Be it enacted by the People of the State of 
Illinois represented in the General Assembly, That hereafter the reg- 
ular charter election for the election of city officers of any city having 
the same territory as an organized township, shall take place on the 
same day provided by law for the township election, to-wit: On the first 
Tuesday of April, anything in the charter of such city to the contrary 
notwithstanding. And such charter and township elections may be con- 
ducted in all respects as provided in and by an act entitled "An Act 
to amend section seven (7) of article seven of an act entitled 'An Act 
to revise the law in relation to township organization," approved and 
in force March 4, 1874; approved and in force March 9, 1S77. Pro- 
vided, that this act shall not be so construed as to require any city to 
hold its charter election oftener than its charter may prescribe. 

Approved May 6th, 1879. 



70 CITIES, VILLAGES AND TOWNS. 



ELECTIONS. 
§ 1. Time of opening- and closing polls. 

An Act to provide for the time of opening and closing the polls during 
elections of cities, towns and villages in this State. Approved May 
29, 1879. In force July 1, 1879. 

Section 1. [Time of opening and closing polls. J Be it enacted 
by the People of the State of Illinois, re-presented in the General 
Assembly, That in all city, town or village elections, in this State, the 
polls shall remain open from eight (8) o'clock a. m., until seven (7) 
o'clock p. m., any law in any special charter to the contrary notwith- 
standing. 



Approved May 29th, 1879. 



punishment of persons violating ordinances. 

§ 1. Arrest— punishment. I § 3. Emergency. 

§ 3. Repeal. 

An Act to provide for the punishment o^ persons violating any of the 
ordinances of the several cities and villages in this State. Approved 
and in force April 12, 1879. 

Section 1. [Arrest — imprisonment — work-house.] Be it enacted 
by the People of the State of Illinois, represented in the General Assem- 
bly, That in all actions for the violation of any ordinance of any city 
or village organized under any general or special law of this state, the 
first process shall be a summons: Provided, however, that a warrant for 
the arrest of the offender may issue in the first instance, upon the 
affidavit of any person that any such ordinance has been violated, and 
that the person making the complaint has reasonable grounds to believe 
the party charged is guilty thereof; and any person arrested upon such 
warrant, shall, without unnecessary delay, be taken before the proper 
officer, to be tried for the alleged offense. Any person upon whom 
any fine or penalty shall be imposed may, upon the order of the court 
or magistrate before whom the conviction is had, be committed to the 
county jail or the calaboose, city prison, work-house, house of correc- 
tion, or other place provided by such cities or villages by ordinance for 
the incarceration of such offenders until such fine, penalty, and cost 
shall be fully paid: Provided, that no such imprisonment shall exceed 
six months for any one offense. The city council or board of trustees 
of any such cities or villages shall have power to provide by ordinance 
that every person so committed shall be required to work at such 
labor as his or her strength will permit, within and without such 
prison, work-house, house of correction or other place provided for the 
incarceration of such offenders, not to exceed ten hours each working- 
day; and for such work the person so employed, or worked, shall be 
allowed, exclusive of his or her board, the sum of fifty cents for each 
days work on account of such fine and costs. 



CITIES, VILLAGES AND TOWNS. 71 



§ 2. [Repeal.] All acts and parts of acts inconsistent with the 
foregoing section are hereby repealed. 

§ 3. [Emergency.] Whereas, In some of the cities and villages 
in this State, there is no authority for the imprisonment of offenders 
in work-houses or houses of correction, and requiring such offenders 
to work, therefore, an emergency is declared to exist, and this act shall 
be in force from and after its passage. 

Approved April 12th, 1879. 



BRIDGES, ETC., OUTSIDE OF CITY LIMITS. 

§ 1. Construction of ferries, etc. j § 'S. Emergency. 

§ 2. Control by city. 

An Acr^o enable cities and villages to build, acquire and maintain 
bridges and ferries outside of their corporate limits and to control 
the same. Approved and in force May 5, 1879. 

Section 1. [May construct ferries and bridges.] Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly, That it shall be lawful for any city or village within this 
State to build or acquire by purchase, lease or gift, and to maintain, 
ferries and bridges, and the approaches thereto, not exceeding four 
acres of laud for each ferry or bridge within the corporate limits, or 
at any point within five miles of the corporate limits of such city or 
village. That all such ferries and bridges shall be free to the public 
and that uo toll shall ever be' collected by any such city or village 
authority. 

§ 2. [Control by city.] Every bridge and ferry so owned or con- 
trolled by such city or village, and the approaches thereto, when out- 
side the corporate limits, shall be subject to the municipal control and 
ordinances of such city or village, the same to all intents and pur- 
poses, and in effect as though such bridge or ferry and the approaches 
thereto, were situated within the corporate limits of such city or vil- 
lage, and in such case, the county may assist in the construction of 
said bridge, as is now provided by law. 

§ 3. [Emergency.] Whereas, Certain cities in this State, have 
built bridges outside of their corporate limits, over which they have 
no police control; therefore an emergency exists, and this act shall be 
in force from and. after its passage. 

Approved May 5th, 1879. 



72 



CITIES, VILLAGES AND TOWNS. 



POLICE AND FIREMEN'S RELIEF FUND. 



8 1. How fund created. 

§ 2. Mayor, etc., trustees of fund. 

§ 3. Board to control fund. 

§ 4. Treasurer to give bond for fund. 

§ 5. Warrants drawn on treasurer. 



§ 6 Permanent disability— Death- Annuity. 

§ 7. Who entitled to benefits. 

§ 8. How money paid out. 

§9. Repeal. 



An Act to amend "An Act for the relief of disabled members of the 
police and fire departments in cities and villages,'''' approved May 24, 
187*7, in force July 1, 1877. Approved May 1(>, 1879. In force 
July 1, 1879. 

Section 1. How fund created. Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, "That an 
act for the relief of disabled members of the police and fire depart- 
ments in the cities and villages," approved May 24, 1877, in force July 
1, 1877, be amended to read as follows: 

That one-fourth of all the rates, taxes and license fees which are or 
may be hereafter required by law to be paid by corporations, compa- 
nies, or associations, not incorporated under the laws of this State, en- 
gaged in any village or city in this State, effecting fire insurance, and 
all moneys received, from fines inflicted upon members of the police 
and fire departments for a violation of the rules and regulations of the 
service, and all fines recovered because of conviction for a violation of 
the fire ordinances, and all moneys accruing from the sale of unclaimed 
stolen property, shall be set apart by the treasurer of the city or 
village, to whom the same shall be paid, as a fund for the relief of 
disabled members of the police and fire departments of such city or 
village. 

§ 2. [Mayor, etc., trustees of fund.] The mayor or president of 
the board of trustees, the superintendent or chief officer of the police 
department, the fire marshal or chief officer of the fire department, 
and the chairman of the committee on police and fire and water, of 
the city council or board of trustees of the city or village, with the 
comptroller (if there be one) or city clerk and treasurer, shall consti- 
tute and be a board by the name of the trustees of the police and 
firemen's relief fund, and the treasurer of the city or village, shall be 
custodian of the funds of said police and firemen's relief fund. 
The said board shall select from their number a president and sec- 
retary. 

§ 3. Board to control funds. The said board shall have the ex- 
clusive control and management of the fund mentioned in the first sec- 
tion of this act, and of all money donated, paid, or assessed for the 
relief of disabled policemen or firemen, and shall have the power to 
assess each and every member of the police and fire departments of 
such city or village, including all such persons who having become 
entitled to the benefits of this fund while such members of said police 
and fire departments, have not forfeited their rights to share in such 
benefits after leaving such departments as hereinafter provided, not to 
exceed the sum of five dollars (5.00) per annum, which shall be re- 
ceived and held by the treasurer of said relief fund, in like manner 



CITIES, VILLAGES AND TOWNS. *73 



as the other moneys herein provided, to be paid to him; and any per- 
son who having become entitled to the benefits of this fund, shall not 
within one month after notice in writing to him from said board of 
the assessment against him, pay the same, shall not be entitled to, or 
receive any benefits secured to him under the provisions of this act, 
unless he shall make written application to the trustees of the fund 
to become a member thereof, and shall have by a majority vote of 
said trustees been admitted to membership in said organization, and 
upon his making payment of all delinquent assessments due by him, 
accruing during his membership in such police or fire department. 
The said board may make all needful rules and regulations for its 
government,in the discharge of its duties, and shall hear and decide 
all applications for relief under this act, and its decisions on such ap- 
plications shall be final and conclusive, and not subject to review or 
reversal except by the board: Provided, that nothing herein contain- 
ed shall render the payment of any sum of money or annuity which 
may be awarded by the board, obligatory on the board, or chargeable 
against it as a legal right; but the board may, at any time in its dis- 
cretion, order that such sums of money or annuity shall be reduced, 
or that payment of the same shall not be made. The board shall 
cause to be kept a record of all its meetings and proceedings. 

§ 4. Treasurer to keep fund bond. The treasurer of the 
board shall be the custodian of the fund in the first section of this 
act mentioned, and of all moneys donated, paid, or assessed towards 
or on account of the relief fund hereby created, and shall secure and 
safely keep the same, subject to the control and direction of the boai'd, and 
shall keep his books and accounts in such a manner as may be prescribed 
by the board, and the same shall always be subject to the inspection of the 
board, or any member thereof. The treasurer shall, within ten days after 
his election or appointment, execute a bond to the city or village, as 
the case may be, with good and sufficient securities, in such penal 
sum as the board may direct, to be approved by the board, conditional 
for the faithful performance of the duties of his office, and that he 
will safely keep and well and truly account for all moneys and 
property which may come to his hands as such treasurer, and that on 
the expiration of his term of office, he will surrender and deliver over 
to his successor all unexpended moneys and all property which may 
have come to his hands as such treasurer. Such bond shall be filed 
in the office of the clerk of such city or village, and in case of a 
breach of the same, or the conditions thereof, suit may be brought on 
the same, in the name of such city or village, for the use of said 
board, or of any person or persons injured by such breach. 

§ 5. Warrants drawn on - treasurer. It shall be the duty of 
the mayor and clerk, or the comptroller if there be one, and the officer 
or officers of such city or village, who are or may be authorized by law to 
draw warrants upon the treasurer of such city or village, upon request made 
in writing by said board, to draw warrants upon the treasurer of such 
city or village, payable to the treasurer of said board, for the fund 
set apart by such city or village treasurer, as prescribed by the first 
(1st.) section hereof. 

§ 6. Permanent disability, — death — annuity. When, in the 
judgment of the board, a sufficient amount shall have accumulated in 



74 CITIES, VILLAGES AND TOWNS. 



said fund to justify the application thereof to the use for which the 
same is hereby created, if any member of the police or fire depart- 
ments, while in the actual performance of duty or other person entitled 
to the benefits of this fund as hereinafter provided, shall become per- 
manently disabled, so as to render proper his retirement from member- 
ship, a sum not exceeding six hundred dollars ($600) per annum, or 
such less sum as, in the judgment of the board, the fund will justify, 
shall be paid to such member out of said fund; or if any member, 
while in the actual discharge of duty shall be killed, or shall die from 
the immediate effects of an injury received by him while in such dis- 
charge of duty, or shall die after ten years service in the police or 
fire departments, and shall leave a widow, or if no widow, any child 
or children under the age of sixteen (16) years, a sum not exceeding 
six hundred (600) dollars per annum, or such less sum as, in the 
judgment of the board, the condition of the fund will justify, shall 
be paid to such widow so long as she shall remain unmarried, or to 
such child or children while under the age of sixteen years. 

§ 7. [Who may obtain benefits.] Any person who shall have 
served in either the police or fire departments of said city or village 
for the full term of ten (10) years, and shall have paid into the fund 
hereby provided for all assessments regularly made upon him by the 
board of trustees as required by this act, and the regulations of the said 
board of trustees passed in pursuance of this act, and shall have 
complied with all the rules and regulations lawfully established by the 
board of trustees in the same manner, as if such person was an active 
member in said police or fire department, may continue his member- 
ship in this organization, and be entitled to the benefits of this fund 
after he shall have ceased to be a member in either said police or fire 
department, by conxplying with all the provisions of this act, relative 
to the payment of assessments, &c, the same as prior to his ceasing to 
be a member of said departments, and the widow or children of such 
person shall be entitled to all benefits hereby secured to other mem- 
bers of this organization. 

§ 8. How mo^ey paid out. All moneys ordered to be paid from 
said relief fund to any person or persons, shall be paid by the treas- 
urer of said board only upon warrants signed by the president of the 
board and countersigned by the secretary, and no warrant shall be 
drawn except by order of the board, duly entered in the record of the 
proceedings of the board. In case the said relief fund, or any part 
thereof, shall by order of the said board or otherwise, be deposited in any 
bank, or loaned, all interest on money which may be paid or agreed to 
be paid, on account of any such loau or deposit, shall belong to and 
constitute a part of said fund. Provided, that nothing herein contained 
shall be construed as authorizing the said treasurer to loan the said 
fund, or any part thereof, unless so authorized by said board. 

§ 9. [Repeal.] All acts or parts of acts, or amendments thereto, 
heretofore enacted, and in any manner conflicting with the provisions 
of this act, are hereby expressly repealed. 

Approved May 10th, 1879. 



CITIES, VILLAGES AND TOWNS. ' 75 



TRAVEL ON BRIDGES IN CITIES, TOWNS, ETC. 
§ 1. Penalty for fast driving, etc. 

An Act to regulate the manner of travel upon bridges, the whole or a 
part of which are owned or controlled by cities, villages and, towns of 
this State, and to provide for the enforcing of the same. Approved 
and in force May 13, 1879. 

Section 1. [Penalty for fast driving, etc.] Be it enacted by 
the People of the State of Illinois, represented in the General Assembly, 
That whoever shall ride or drive faster than a walk, over any bridge 
in this State, owned or controlled, either the whole or a part thereof, 
by any city, village or town of this State, shall, for each offense, be 
fined in a sum not exceeding ten dollars nor less than one dollar, 
Provided, that a notice shall be posted on such bridge, warning against 
riding, or driving, on such bridge faster than a walk, such fine to be 
recovered, with costs, before any justice of the peace or police magis- 
trate of the county where the offense is committed, upon sworn com- 
plaint in writing, upon which a warrant for the arrest of the offender 
shall issue, and it shall be the duty of every constable of the county, 
and every marshal, policeman and police constable, and all other officers 
of such city, village or town, owning or controlling the whole or in 
part such bridge, having the power to make arrests, whenever afore- 
said 'offense is committed in the view of such officer or officers, to 
forthwith take in custody the person or persons so committing aforesaid 
offense, and bring him or them before any justice of the peace or 
police magistrate of the county, to be dealt with according to law, 
and such officer so taking in custody such offender, or any officer of 
such city, village or town, owning or controlling the whole or a part 
of such bridge where such offense is committed, may make the com- 
plaint upon which warrant shall issue against the offender, all fines 
collected under this act, shall be paid into the common school fund 
of the county. Whereas, the law is inadequate for the protection of 
bridges which are owned or controlled, the whole or a part thereof, 
by cities, villages and towns of this State, therefore an emergency ex- 
ists, and this act shall take effect from and after its passage. 

Approved May 13th, 1879. 



sewerage. 

§ 1. May contract for sewerage, etc. | § 2. How contract made. 

An Act to enable cities, towns and villages to contract with each other 
for sewerage. Approved May I A, 1879. In force July 1, 1879. 

Section 1. [May contract for sewerage, etc.] Be it enacted 
by. the Peop>le of the State of Illinois, represented in the General Assem- 
bly, That whenever any city, or incorporated town or village, shall 
be adjacent or contiguous to any other city or incorporated town or 
village, they shall be authorized to contract with each other upon such 



76 CITIES, VILLAGES AND TOWNS. 



terms as may be agreed upon between them, to allow and permit the 
one the use and benefit of any sewer or drain, or of any system of 
sewerage or drainage heretofore constructed, or which may be hereafter 
constructed by the other, and further, that any such sewer or drain or 
system of sewerage or drainage constructed or which may hereafter 
be constructed by the one, may be extended or furnished to the 
inhabitants of the other, and they may by contract with each other 
provide for the joint construction of any sewer or drain by the munici- 
palities so contracting, and for the common use thereof by the inhabi- 
tants of such municipalities. 

§ 2. [How contract made.] The contract contemplated in section 
one of this act may be made by ordinance or resolution duly en- 
acted or passed by the common council, board of trustees, or other 
proper legislative authority of the city, or incorporated town or village 
proposing such contract, and ratified or assented to by ordinance or 
resolution duly enacted or passed by the common council, board of 
trustees, or other proper legislative authority of the city or incorporated 
town or village confirming or agreeing to such contract, and every 
such contract when ratified or confirmed by the proper corporate 
authorities of the municipal corporations who are parties thereto, shall 
be in all respects valid and binding. 

Approved May 14th, 1879. 



MAYOR'S BILL. 



1. Repeal. 



An Act to repeal all except the enacting clause of section one (1) of 
an act entitled "An Act concerning the appointment and removal of 
city officers, in all cities in this State, conferring additional poviers 
and duties ujyon mayors, and concerning appropriation bills or or- 
dinances that may be passed in such cities,''' 1 approved April 10th, 
1875. Approved May 28th, 1879. In force July 1, 1879. 

Section 1. [Power of mayor and 'council — repeal.] Be it en- 
acted by the People of the State of Illinois represented in the Gen- 
eral Assembly That all except the enacting clause of section one (1) 
of an act entitled "An Act concerning the appointment and removal 
of city officers, in all cities in this State, conferring additional powers 
and duties upon mayors, and concerning appropriation bills or ordi- 
nances that may be passed in such cities," approved April 10, 1875, be 
and the same is hereby repealed. 

Approved May 28th, 1879. 



Cities, villages and towns. 11 



DISCONNECTING TERRITORY FROM CITIES AND VILLAGES. 

§ 1. Disconnecting territory. I § 4. Repeal. 

| 2. Ordinance recorded. § 5. Emergency. 

8 3. Judicial notice. 

An Act in relation to the disconnection of Territory from Cities and 
Villages. Approved and in force May 29, 1879. 

Section 1. [Disconnecting territory.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That whenever the owners representing a majority of the area of land 
of any territory within any city or village, and being upon the border 
and within the boundary thereof, and not laid out into city or village 
lots or blocks, shall petition the city council of such city, or the 
trustees o'f such village, praying the disconnection of such territory 
therefrom; such petition shall be filed with the city clerk of such city, 
or the president of the trustees of such village, accompanied with a 
certificate of the county clerk, showing that all city taxes or assessments 
due up to the time of presenting such petition are fully paid, at least 
ten days before the meeting of such city council, or trustees, at which 
it is proposed to present such petition, and the city clerk of such 
city, or president of the trustees of such village, shall present such pe- 
tition- to the city council or trustees, as the case may be, and upon 
such presentation, the city council of such city or trustees of such 
village may, by ordinance, to be passed by a majority of the members 
elected to such city council or board of village trustees, disconnect 
the territory described in such petition from such city or village. Pro- 
vided, hoioever, that the territory so disconnected, shall not there-by be 
exempted from taxation, for the purpose of paying any indebtedness 
contracted by the corporate authorities of such city or village, while 
such territory was within the limits thereof, and remaining unpaid, 
but the same shall be assessed and taxed for the purpose of paying such 
indebtedness, the same as if such territory had not 'been disconnected, 
until such indebtedness is fully paid. 

§ 2. [Ordinance recorded.] A copy of the ordinance disconnect- 
ing territory from any city or village, certified by the clerk of such 
city, or president of the trustees of such village, shall be filed for 
record and recorded in the recorder's office of the county in whicb 
such disconnected territory is situated, and another copy of such 
ordinance, so certified, shall be filed with the clerk of the county 
court of the county in which such disconnected territory is situated. 

§ 3. [Judicial notice.] All courts in this State shall take judicial 
notice of cities and villages, and of the changes made in their terri- 
tory, under this act. 

§ 4. [Repeal.] All acts and parts of acts in conflict with this act 
are hereby repealed. 

§ 5. [Emergency.] Whereas, there is no valid law in force in 
this State enabling cities and villages to decrease their corporate limits, 
and special legislation therefor by the General Assembly is forbidden 



IB CITIES, VILLAGES AND TOWNS. 



by the Constitution of this State, therefore an emergency exists why 
this act should take effect immediately; therefore this act shall take 
effect and be in force from and after its passage." 

Approved May 29th, 1879. 



ISSUING WARRANTS. • i 

§ 1. When warrants may be drawn. § 3. Jurors' certificates. 

§ 2. Issued in anticipation of taxes. 

An Act to provide for the manner of issuing warrants upon the treas- 
urer of any county township, city, school district or other municipal 
corporation, and jurors certificates. Approved May 31, 1879. In 
force July 1, 1879. 

Section 1. [When warrants may be drawn.] Beit enacted by the 
People of the iState of Illinois, represented in the General Assembly, That 
warrants payable on demand, shall hereafter be drawn and issued upon 
the treasurer of this state or of any county, township, city, school dis- 
trict or other municipal corporation, or against any fund in his hands, 
only when at the time of the drawing and issuing of such warrants, 
there shall be sufficient money in the appropriate fund in the treasury to 
pay said warrants. 

§ 2. [Issued in anticipation of taxes.] That whenever there is 
no money in tne treasury of any county, township, city, school district 
or other municipal corporation to meet and defray the ordinary and nec- 
essary expenses thereof, it shall be lawful for the proper authorities of 
any county, township, city, school district or other municipal corpora- 
tion, to provide that warrants may be drawn and issued, against and 
in anticipation of the collection of any taxes, already levied by said 
authorities for the payment of the ordinary and necessary expenses of 
any such municipal corporation, to the extent of seventy-five per 
centum of the total amount of any said tax levy: Provided, that war- 
rants drawn and issued under the provisions of this section, shall show 
upon their face that they are payable solely from said taxes when 
collected, and not other-wise, and shall be received by any collector of 
taxes in pay-ment of the taxes against which they are issued, and which 
taxes, against which said warrants are drawn, shall be set apart and 
held for their payment. 

§ 3. Jurors certificates.] All jurors certificates shall hereafter 
be issued in conformity with the provisions of this act. 

Approved May 31st, 1879. 



CITIES, VILLAGES AND TOWNS. 79 



LABOR ON STREETS. 
§ 1. Labor on streets, etc. | § 2. Fines and penalties. 

An Act providing for labor on the streets and alleys of all cities and 
villages in this State. Approved Mai/ 31, 1879. In force July 1, 
1879. 

Section 1. [Labor on streets, etc.] Be, it enacted by the People 
of the State of Illinois, represented in the General Assembly, That the 
city council in all cities and the president and board of trustees in all 
villages in this State, may have power, by ordinance, to require every 
able-bodied male inhabitant of any such city or village, above the 
age of twenty-one years, and under the age of fifty years (excepting 
paupers, idiots, lunatics, and such others as are exempt by law), to 
labor on the streets and alleys of any such city or village, not more 
than two (2) days in each year; but such ordinance shall provide for 
commutation of such labor at seventy-five cents per day. 

§ 2. [Fines and penalties.] Any such city council or president 
and board of trustees or any such village shall have power, by ordi- 
nance, to provide such fines and penalties as may be necessary to 
enforce the provisions of this act. 

Approved May 31st, 1879. 



re-organization of cities. 

§ 1. Repeal. 

An Act to rep>eal an act, entitled "An act to provide for the re-organ- 
ization of Cities'''' approved April 8, 1875. Approved May 31, 1879. 
In force .July 1, 1879. 

Section 1. [Repeal.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That an act entitled 
"An act to provide for the re organization of cities" approved April 8, 
1875, be, and the same is hereby repealed. 

Approved May 31st, 18"9. 



suits-how brought. «, 

§ I. Suits— how brought, etc. 

An Act entitled "An act in regard to suits by incorporated cities and 
villages, and to enforce penalties and recover fines for violating the 
ordinances thereof' 1 Approved May 31, 1879. In force Jvly 1, 1879. 

Section 1. [Suits — how brought, etc.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 



80 cities, Villages and towns — clerks ov courts — conveyances. 



That all actions to recover any fine, or to enforce any penalty, under 
any ordinance of any city or village in this State, shall be brought in 
the corporate name of the city or village, as plaintiff, and no prosecu- 
tion, recovery or acquittal for the violation of any such ordinance 
shall constitute a defense to any other prosecution of the same party, 
for any other violation of any such ordinance, although the different causes 
of action existed at the same time, and, if united, would not have ex- 
ceeded the jurisdiction of the court or magistrate. 



Approved May 31st, 1879. 



CLERKS OF COURTS. 



§ 1. Election and term of office. 



An Act to amend section one (l) of an act entitled "An act to revise 
the law in relation to clerks of courts" approved March 25, 1874. 
Approved May 21st, 1879. In force* July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of an act 
entitled "An act to revise the law in relation to Clerks of Courts," 
approved March 25, 1874, be amended to read as follows: 

§ 1. [Election and term op office.] That a Clerk of the Su- 
preme Court in each Grand Division, one Clerk of the Circuit Court of 
each county, one Clerk of the Superior Court of Cook county, and one 
Clerk of the Criminal Court of Cook county, shall be elected as pro- 
vided by law, and shall severally hold their offices until their succes- 
sors are elected and qualified." 

Approved May 21st, 1879. 



CONVEYANCES. 



DEEDS BY ADMINISTRATORS WITH WILL ANNEXED. 
§ 1. Deed of Administrator. I § 3. Emergency. 

An Act to amend section thirty-four (34) of the act entitled "An Act con- 
cerning conveyances, approved March 29, L872. Approved and in 
force May 1,' 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section thirty-four (34) of 



Conveyances. 81 



the act entitled "An Act .concerning conveyances," approved March 29, 
1872, be amended so as to hereafter read as follows: 

§ 34. [Deeds by administrators with will annexed.] Where, 
in pursuance of due power vested by will executed and proved out of 
this State, deeds conveying lands in this State, heretofore have been 
or hereafter shall be executed by executors or administrators with the 
will annexed, duly appointed and qualified in any State of the United 
States, the same shall be evidence of title in the vendee or grantee, 
to the same extent as was vested in the testator at the time of his 
death, whether such will has been proved in this State or not, unless 
at the time of executing such deed, letters testamentary or of adminis- 
tration upon the estate of the deceased shall have been granted in this 
State and remain unrevoked. 

§ 2. [Emergency.] Whereas, An emergency exists by reason of 
great inconvenience which may be sustained by delay of the force of 
this act, therefore this act shall take effect and be in force, from and 
after its passage. 

Approved May 1st, 1879. 



u. s. patent-loss-record ok copy. 

g 1. United States patent— record as evidence. 

An Act to amend an act entitled" An Act concerning Conveyances,' 1 '' ap- 
proved March 29, 1872. Approved May 29, 1879. In force July 1, 
1879. 

Section 1. [United States patent — proof of loss — record or 
copy evidence.] JBe it enacted by the People of the /State of Illinois, 
represented in the General Assembly, Whenever upon the trial of any 
cause in law or equity, in this State, any party to said cause, or his 
agent or attorney in his behalf, shall by affidavit to be filed in said 
cause, testify and state under oath that the required United States 
patent conveying or concerning the title to the lands, tenements and 
hereditaments in question in such suit is lost, or not in the power of 
the party wishing to use it on such trial of any such cause, and that to 
the best of his knowledge said patent was not intentionally destroyed, 
or lost, or in any manner disposed of for the purpose of introducing 
a copy thereof in place of the original, and if the original patent has been 
recorded in the recorder's office of the county wherein such lands are 
situated, then the record thereof, or a copy duly certified by the re- 
corder in whose office the same may have been or may hereafter be 
recorded, may be read in evidence in any court in this State with 
like effect as though the original patent was produced -and read in 
evidence. 

Approved May 29th 1879. 



82 CORONERS CORPORATIONS. 



CORONERS. 



§ 10. To take charge of body— jury. 

An Act to amend section 10 of an act entitled "An act to revise the 
law in relation to Coroners'''' approved February 0, 1874 in force 
Jalt/ 1, 1874. Approved May 31, 1879. In force July 1, 1879. 

Section .. Be it enacted by the People of the State of Illinois, 
represented in the Gener<d Assembly, That section 10 of an act en- 
titled "An act to revise the law in relation to Coroners," approved 
February 6, 1874, and in force July 1, 1874, be amended so as to read 
as follows: 

§ 10. [To take charge of body — jury.] Every coroner, when- 
ever, and as soon as he knows, or is informed that the dead body of 
any person is found, or lying within his county, supposed to have 
come to his or her death by violence, casualty or any undue means, 
he shall repair to the place where the dead body is and take charge 
of ,the same, and forthwith summon a jury of six good and lawful 
men of the neighborhood where the body is found or lying to as- 
semble at the place where the body is, at such time as he shall direct, 
and upon a view of the body, to inquire into the cause and manner 
of the death. 

Approved May 31st, 1879. 



CORPORATIONS. 



for pecuniary profit. 

§ 1. For what purposes formed. 

An Act to amend section one of an act entitled, "An Act concerning 
corporations," approved, April IS, 1872, in force July 1, 1872. Ap- 
2?roved Apjril 19, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois 
represented in the General Assembly That section one of an act entitled 
"An Act concerning corporations" approved April 18, 1872, in force 
July 1, 1872 be and the same is hereby amended so as to read as 
follows: 

§ 1. [For all lawful purposes, except, etc.] That corporations 
may be formed in the manner provided by this act for any lawful 
purpose except banking, insurance, real estate brokerage, the operation 
of railroads and the business of loaning money, Provided, that horse 
and Dummy railroads, and organizations for the purchase and sale of 
real estate for burial purposes only, may be organized and conducted 



CORPORATIONS. 83 



under the provisions of this act: And provided further, That corpora- 
tions formed for the purpose of constructing railroad bridges shall not 
be held to be railroad corporations. 

Approved April 19th, 1879. 



NOT FOR PECUNIARY PROFIT. 
§ 1. Total abstinence societies. I § 2. Emergency. 

An Act to afford reliej to total abstinence societies in this State. Ap- 
proved and in f or xe, May 20, 1879. 

Section 1. [Election of members.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
any total abstinence society in this State, organized under any law 
of this State, may, at any regular or called meeting of their society, 
elect any person as a member of such society; without regard to age 
of the applicant for admission to membership, by having at least three- 
fourths majority of the members present at such meeting, voting in 
the affirmative for the election of such person. 

§ 2. [Emergency.] Whereas, There are several societies in this 
State who will be benefited by such a change, and are desirous of in- 
creasing their membership, wherefore an emergency exists, therefore 
this act shall take effect and be in force from and after its passage. 

Approved May 20th, 1879. 



HOMESTEAD— LOAN ASSOCIATIONS. 



§ 1. License— how obtained. 

S 2. Meeting' to organize. 

§ !!. Organization completed. 

S 4. Corporate rights, etc. 

§ 5. Powers-board of directors. 

S (>. Stock -withdrawal, etc. 



§ 8. Meetings of directors— loan of money. 

§ 9. Failure to give security for loan. 

§ 10. Payment of loan— premium refunded. 

S 11. Premiums, fines, etc., not usurious 

§ 12. Corporate existence not to cease, etc. 

§ 13. May purchase, etc., real estate. 



§ 7. Who may become subscribers. S 14. Existence may be extended. 

An Act to enable associations of persons to become a body corporate 
to raise funds to be loaned only among the numbers of such associa- 
tion. In force July 1, 1879. 

Section 1. [License — how obtained.] JBe it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That whenever any number of persons not less than five, may 
desire to become incorporated as a mutual building, loan and 
homestead association, for the purpose of building and improving 
homesteads and loaning money to the members thereof only 
they shall make a statement to that effect, under their hands 



84 CORPORATIONS. 



and seals, duly acknowledged before some officer in the manner 
provided for the acknowledgment of deeds, such statement shall set 
forth the name of the proposed corporation, its capital stock, its loca- 
tion and the duration of the corporation ; which statement shall be 
tiled in the office of the Secretary of State. The Secretary of State 
shall thereupon issue to such persons a license as Commissioners, to 
open books for subscription to the capital stock of said corporation, 
at such time and place as they may determine; but no license shall 
We issued to two associations having the same name. 

§ 2. [Meeting to organize.] As soon as one hundred shares or more 
of the capital stock shall be subscribed, the Commissioners shall convene a 
meeting of the subscribers, for the purpose of electing Directors, adopt 
ing a charter and by-laws and the transaction of such other business 
as shall come before them. Notice thereof shall be given by depositing 
in the post-office properly addressed to each subscriber, at least ten days 
before the time fixed a written or printed notice, stating the object, time 
and place of such meeting. Directors of such corporations organized 
under this act shall be elected, classified and hold their office for such 
period of time as is provided by general law governing the election 
and classification of Directors, Trustees or Managers of corporations. 

§ 3. [Organization completed.] The Commissioners shall make a 
full report of their proceedings, including therein a copy of the notice 
provided for in the foregoing section, a copy of the subscription list, a copy 
of the charter and by-laws adopted by the association and the names of 
the Directors elected and their respective terms of office, which report 
shall be sworn to by at least a majority of the Commissioners, and shall 
be filed in the office of the Secretary of State. The Secretary of State 
shall thereupon issue a certificate of the complete organization of the 
corporation, making a part thereof a copy of all papers filed in his office 
in and about the organization of the corporation and duly authenticated 
under his hand and seal of State; and the same shall be recorded 
in the office of the Recorder of Deeds in the county in which the 
principal office of such company is located. Upon the recording of 
said copy the corporation shall be deemed fully organized and may 
proceed to business, unless such company shall be organized and shall 
proceed to business as provided in this act within two years after the 
date of such license, the license shall be deemed revoked and all pro- 
ceedings thereunder void. 

§ 4. [Corporate rights, etc.] Corporations formed under this 
act shall be bodies corporate and politic for the period for which 
they are organized; may sue and be sued; may have a common seal 
which they may alter or renew at pleasure. 

§ 5. [Powers — board of directors ] The corporate powers shall 
be exercised by a Board of Directors: Provided, The number of 
Directors shall not be increased or diminished, nor their term 
of office changed, without the consent of the owners of two-thirds 
of the shares of stock. The officers of the company shall consist 
of a President, Vice-President, Secretary and Treasurer, to be elected 
at the annual meeting of the Board of Directors, as may be provided 



CORPORATIONS. 



85 



for in the Charter and by-laws of the Association: Provided, That 
the Secretary only shall be entitled to compensation, and in such 
amount as may be provided for in the Charter of such Association: 
and Provided, that the treasurer shall give bond and security to be 
approved by the board of directors. 

§ 6. [Stock — withdrawal, etc. J The shares of stock shall be 
one hundred ($100) dollars each, and shall be deemed personal 
property transferable upon the books of the company, in such 
manner as may be provided by the by-laws, and subscriptions 
therefor shall be made payable to the corporation, and shall be 
payable in such periodical installments and at such time or times 
as 'shall be determined by the Charter and by-laws; but no periodical 
payment to be made exceeding two dollars ($-2.00) on each share; 
and every share of stock shall be subject to a lien for the 
payment of unpaid installments, and other charges incurred thereon 
under the provisions of the Charter and by-laws, and the bydaws, may 
prescribe the form and manner of enforcing such lien. New shares of 
stock may be issued in lieu of shares withdrawn or forfeited, and the 
stock may be issued in one or in successive series, as may be pre- 
scribed in the Charter and bydaws, and in such amount (not to exceed 
the total capital stock) as the Board of Directors may determine, and 
any stockholder wishing to withdraw from the said corporation shall 
have power to do so, by giving thirty days notice of his or her inten- 
tion to withdraw, when he or she shall be entitled to receive the 
amount paid in by him or her, and such interest thereon or such pro- 
portion of the profits thereon as the by-laws may determine, less all 
tines and other charges: Provided, That at no time shall more than 
one-half of the funds of the treasury of the corporation be applicable 
to the demands of withdrawing stockholders without the consent of 
the Board of Directors, and that no stockholder shall be entitled to 
withdraw whose stock is held in pledge for security. Upon the death 
of a stock holder his or her legal representatives shall be entitled to 
receive the full amount paid, in by him or her on all shares not 
borrowed upon or pledged to the association as collateral security, and 
legal interest thereon, first deducting all charges that may be due 
on the stock; but no hues shall be charged to a deceased members 
account from and after his or her decease, unless the legal representa- 
tives of such decedent assumes the future payment of the dues on the 
stock. 

§ 7. [Who may become subscribers.] Married women may be- 
come subscribers to the capital stock of such association, and hold, 
control and transfer their stock in all respects as femmes sole, 
and their stock shall not be subject to the control of, or liable 
for the debts of their husbands. Minors may become subscribers 
to and owners of the stock of such associations by guardian or 
trustee, and such guardian or trustee may withdraw the stock of 
such minor as provided in section six of this act: Provided, 
however, that such guardian or trustee shall give bonds to the Probate 
Court in double the amount of the withdrawal value of such stock, for 
the use of such minor on his or her becoming of age; but it is hereby 
provided, that no person as owner or legal representative of the stock 



86 CORPORATIONS. 



of such association shall by himself or by proxy, vote at any election, 
when the stockholders are called upon to vote, on more than forty 
shares of stock. 

§ 8. [Meeting of directors — loan of money.] The Board of 
Directors shall hold such stated meetings, not less frequently than 
once each month, as may be provided by the by-laws, at which 
the money in the treasury, if one hundred dollars or more, shall 
be offered for loan in open meeting; and the stockholder who shall 
bid the highest premium for the preference or priority of loan, shall 
be entitled to receive a loan of one hundred dollars, less the pre- 
mium bid, for each share of stock held by said stockholder: 
Provided, that no loan shall be made by said corporation except to its 
own members, nor in any sum in excess of the amount of stock held 
by such members borrowing: And provided, that such stockholder may 
borrow such fractional part of one hundred dollars as the by-laws may 
provide. Good and ample real estate security unincumbered except by 
prior loans of such association shall be given by the borrower, to 
secure the repayment of the loan: Provided, however, that the stock of 
such association may be received as security, to the amount of the 
withdrawal value of such stock. 

§ 9. [Failure to give security for loan.] In case the bor- 
rower shall neglect to offer security, or shall offer security that is 
not approved by the Board of Directors by such time as the by-laws 
may prescribe, he or she shall be charged with one months interest, 
together with any expenses incurred, and the money may be re-sold 
at the next stated meeting. In case of non-payment of installments 
or interest and fines by borrowing stockholders for the space of six 
months, payment of principal and interest and tines, without deduct- 
ing the premium paid or the interest thereon, may be enforced by 
proceedings against their securities according to law, upon the order 
of the Board of Directors. 

§ 10. [Payment of loan — premium refunded.] A borrower may 
repay a loan at any time, and in the event of the repayment thereof 
before the expiration of the eighth year after the organization of 
the association, or the date of issue of the series of stock in such 
association on which the loan may have been made, there shall be 
refunded to such borrower one-eighth of the premium paid for every 
year of the said eight years then unexpired. 

§ 11. [Premiums, fines, etc, not usurious.] Corporations organized 
under this act being of the nature of co-operative associations, there- 
fore no premiums fines nor interest on such premiums that may 
accrue to the said corporation according to the provisions of this act, 
shall be deemed usurious and the same may be collected as other debts 
of like amount may be collected by law in this State. 

§ 12. [Corporate existence not to cease on failure to elect, 
etc.] No corporation or association created under this act shall 
cease or expire from neglect on the part of the corporation to elect 
officers at the time mentioned in their charter and by-laws, and all 
officers elected by such corporation shall hold their offices uutil their 
successors are duly elected. 



CORPORATIONS — COUNTIES. 87 



§ 13. [May purchase, etc., real estate — when.] Any loan or 
building association incorporated by or under this act is hereby author- 
ized and empowered to purchase at any sheriffs or other judicial sale, 
or at any other sale, public or private, any real estate upon which such 
association may have or hold any mortgage, lien or other incumbrance, 
or in which said association may have an interest, and the real estate 
so purchased to sell, convey, lease or mortgage at pleasure to any per- 
son or persons whatsoever. 

§ 14. [Existence may be extended.] Any loan or building asso- 
ciation incorporated under this act or any prior act, may extend the 
duration of time for which such association was organized by a vote 
of two-thirds of the capital stock of such association at any annual 
meeting of the stockholders of such association, thereupon the Board 
of Directors shall transmit a copy of the proceedings of such annual 
meeting, duly attested to the Secretary of State who shall issue his 
certificate as provided in section three of this act, certifying to the 
extension of time of duration of such association, and the same shall 
be recorded as provided in said section three of this act. And any 
association incorporated under any prior act, and extending the duration 
of the time for which it was incorporated, in the manner herein pro- 
vided, shall be deemed as incorporated under, and be vested with all 
of the powers given in this act, the same as if such association had 
been originally incorporated under it. 

In force July 1, 18.9. 

United States of America, i 

State of Illinois. f ss - 

Office of Secretary. 
I, George H. Harlow, Secretary of the State of Illinois, do hereby certify that the 
Governor having- failed to return this bill to the General Assembly during- its session, 
and having- failed to file it in my office with his objections, within ten days after the 
adjournment of the General Assembly, it has thereby become a law, in force on and after 
July 1, 1879. 

In witness whereof, I hereto set my hand and affix the Great Seal of State, at the city 
of Springfield, this tenth day of June, A D. 1879. 

GEORGE H. HARLOW, 
LSeal ] Secretary of State. 



COUNTIES. 



§ 10. Issuing county bonds. 

An Act to amend section 40 of an act entitled "An Act to revise the 
law in relation to counties,''' 1 approved and in force March 31, 1874. 
Ap>proved May 31, 1879. In force Jidy 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the Genercd Assembly, That section forty of an act 
entitled "An Act to revise the law in relation to counties," approved 
and in force March 31, 1874, be amended so as to read as follows: 



COUNTIES. 



§ 40. [Issuing county bonds.] When the county board of any 
county shall deem it necessary to issue county bonds to enable them 
to perform any of the duties imposed upon them by law, they may, 
by an order, entered of record, specifying the amount of bonds required, 
and the object for which they are to be issued, submit to the legal 
voters of their county, at any general election, the question of issuing 
such county bonds. The amount of the bonds so issued shall not ex- 
ceed, including the then existing indebtedness of the county, five 
per centum on the value of such taxable property of such county, as 
ascertained by the assessment for the State and county tax for the 
preceding year. Said vote shall be by ballot, on which shall be written 
or printed "For county bonds," or "Against county bonds," and if a 
majority of the votes at such election on that question shall be "For 
county bonds," such county board shall be authorized to issue such 
bonds of not less than twenty-five dollars ($25), nor more than one 
thousand dollars ($1,000) each, payable respectively, in not less than 
one, nor more than twenty years, with interest payable annually or 
semi-annually, at the rate of not more than eight per cent, per annum 



Approved May 3Jst, 1879. 



COMMISSIONERS-POWERS AND DUTIES. 

§ 60. Commissioners— Term of office. | § 61. Powers and duties— meetings. 

An Act to amend sections sixty (60) and sixty-one (61) of an act en- 
titled "An Act to revise the law in relation to counties" approved and 
in, force March 31, 1874. Approved May 20, 1879. In force July 
1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, re- 
presented in the General Assembly, That section sixty (60) and sixty- 
one (61) of an act entitled "An Act to revise the law in relation to 
Counties, approved and in force March 31, 1874," be and the same 
hereby is, amended so that it shall read as follows: 

§ 60. [Term of office of commissioners.] Their terms of office 
shall begin on the first Monday of December after their election, and 
they shall hold their office, respectively until their successors are elect- 
ed and qualified. Each of said commissioners shall have been a resi- 
dent of the district from which he is elected for one year prior to 
his election. The provisions of the general election law entitled "An 
Act for the registry of electors and to prevent fraudulent voting" 
shall be applied to all elections for commissioners under this act. 

§ 61. [Powers and duties.] The said commissioners shall, seve- 
rally, before they enter upon the discharge of their duties take the 
oath of office prescribed by the constitution; they shall be known as 
the board of commissioners of Cook county, and as such board of 
Commissioners shall have the management of the county affairs of 



COUNTIES. 89 



said county, and shall exercise the same powers, perform the same du- 
ties, be subject to the same rules, regulations and penalties as pre- 
scribed by law for the board of supervisors, and shall be subject also 
to the rules, regulations and penalties hereinafter provided. The said 
board of commissioners shall have no power or authority to delegate 
to any committee, or other person or persons, the "power to act" 
when such "power to act" shall involve the letting of any contract or 
the expenditure of public money, exceeding the sum of five hundred 
dollars ($500), and any action of said Board, or of any committee 
thereof, or of any other person or persons, in violation of this sec- 
tion shall be null and void. No money shall be appropriated or paid 
by said county commissioners beyond the sum of five hundred dollars 
($500) unless such appropriation shall have been authorized by a vote 
of at least two-thirds of the members elected to the said county board. 
The said board of county commissioners shall have regular meetings 
on the first Mondays of December, March, June and September of 



each year. 

Approved May 20th, 1879. 



UNITING COUNTIES. 



§ 64. Uniting counties— petition— notice of ! 5 75. County treasurer 
election. j §76. State' s attorney. 

§ 65. Designation. 
§ 66. Form of ballot 
§ 67. Effect of vote. 
S 68. Canvassing votes. 



§ 77. Superintendent of schools. 

§ 78. County board. 

S 79. Justices of the peace and constables . 

80. Death of officer of petitioning county. 



§ 69. Returns— proclamation by governor. ! § 81. Town officers where counties under 

§ 70. Officers to hold until expiration of ! township organization. 

term. I § 82. Legislative and judicial apportion- 

§ 71. Process, etc. ment to remain. 

§ 72. County judge— disposition of causes. § S3. Transfer of causes. 

1 73. Sheriff of petitioning county. J i Si. Debts, taxes, issuing bonds. 

S 74. Coroner. ' 

An Act to amend an act entitled "An act to revise the lavj in, relation 
to counties,' 1 '' approved March 31, 1874. Approved May 31, 1879. 
In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of 1 1 thiols, 1 rep- 
resented in the General Assembly, That additional sections shall be 
added to the above entitled act, to read as follows, to-wit: 

§ 64. [Uniting counties — petition- -notice of election.] When- 
ever any number of legal voters, not less than two hundred, one-half 
of such number being freeholders, residing in any county in this State, 
shall petition the county board of their own county, for leave to have 
their own county united and annexed to any adjoining county, and 
shall also petition the county board of the adjoining county, to which 
they desire their county to be united and annexed for leave to have 
their own county united and annexed to such adjoining county, it 
shall be the duty of the several county boards so petitioned, to order 
that the propositions provided for in this act shall be submitted to 
the legal voters of their respective counties, at the next regular elec- 



90 COUNTIES. 



tion for county or State officers, after receiving such petition, and re- 
turns of the votes cast therein, shall be made to the Secretary of State, 
as for county officers. The notices of said election shall contain the 
name of each of the two counties, and shall state that the proposition 
to be voted upon will be whether the county of (naming the county 
whose legal voters have petitioned for union and annexation) shall be 
united and annexed to the county of (naming the adjoining county to 
which the legal voters have petitioned to be united and annexed). 
Provided, That such proposition shall not be submitted or voted upon 
oftener than once in five years. 

§ 65. [Designation, etc.] In this act and all proceedings there- 
under, the county whose legal voters shall petition the several county 
boards as aforesaid, shall be called the "petitioning county," and the 
county to which said legal voters shall petition to be united and an- 
nexed shall be called the "adjoining county." 

§ 66. [Form of ballot.] The ballots to be used at such election, 
shall be substantially in the following form, to- wit: For uniting and 
annexing the county of (naming the petitioning county) to the county 
of (naming the adjoining county). Against uniting and annexing the 
county of (naming the petitioning county) to the county of (naming 
the adjoining county). 

§ 67. [Effect of vote.] If a majority of the votes polled in each 
of such counties at such election shall be in favor of said proposition, 
all that territory included within the established boundaries of the 
petitioning county, shall be united and annexed to the adjoining 
county, and such petitioning county, shall cease to have any separate 
existence as a county, but shall be merged into and form an integral 
part of such adjoining county, in fact and in name, at the time and 
in the manner hereinafter provided. 

§ 68. [Canvassing votes.] The votes polled at such election 
shall be canvassed in the manner provided by law for canvassing votes 
polled for county officers, except that the county clerk of each of said 
counties, if requested, shall permit two of the legal voters, who pe- 
titioned as aforesaid, to be present when the canvass of said vote 
shall be had. 

§ 69. [Returns — proclamation by governor.] Within ten days 
after such election, the county clerk of each of such counties shall 
send a correct and duly certified abstract of the votes polled at such 
election to the Secretary of State; and if a majority of votes polled 
at such election in each of said counties is found to be in favor of 
uniting and annexing the petitioning county to the adjoining county, 
the Secretary of State shall forthwith so notify the Governor of the 
State, and the Governor shall thereupon, forthwith and without delay, 
issue his proclamation announcing and declaring the result of such 
election; and on and after the date of such proclamation the petition- 
ing county shall cease to exist as a county, and all that territory em- 
braced in the limits of such petitioning county shall be united and 
annexed to, and shall form an integral part of such adjoining county. 



COUNTIES. 91 



§ '70. [Officers to hold until expiration of term.] All the 
county officers of the petitioning county shall continue to hold their 
respective offices until their respective terms of office shall expire, and 
shall perform the duties of their respective offices arising in the terri- 
tory which, before the Governor's proclamation aforesaid, had consti- 
tuted the petitioning county, and shall receive the fees and compensa- 
tion thereof, in the manner hereinaftei provided. They shall keep 
their offices at the county seat of the adjoining county, in the court 
house of said county, in such rooms as may be selected by the county 
board of the adjoining county; and within ten days after the date of 
the proclamation as aforesaid, by the Governor, they shall remove all 
the files and records, books, papers, and furniture of their respective 
offices to the court house of the adjoining county, which shall there- 
after be held and taken to be the files, records, books, papers and 
furniture of the adjoining county as it shall be constituted after the 
date of the proclamation aforesaid. 

§ 71. [Process, etc.] All process of every kind against any person 
or property within the territory, which had constituted the petitioning 
county before the proclamation aforesaid, during the continuance of 
the term of office of the clerk of the circuit court and the county 
clerk of the petitioning county, and after the union and annexation 
aforesaid, may be issued by the clerk of circuit court or the county 
clerk of the petitioning county, and they shall respectively, collect and 
account to the county board of the adjoining county for the proper 
fees for issuing the same, but all such process shall be signed by the 
proper clerk and have the proper seal of the proper court of the 
adjoining county attached. The sheriff of the petitioning county may 
serve all such process, referred to in this section; and shall collect and 
account to the county board of the adjoining county for the proper 
fees for serving the same. The county clerk and the clerk of the 
circuit court of the petitioning county shall each receive the same 
compensation he was receiving by law at the date of the aforesaid 
proclamation, which compensation shall be paid by the county board 
of the adjoining county out of taxes collected from property in the 
territory that had constituted the petitioning county before the afore- 
said proclamation. 

§ 72. [County judges — disposition of causes.] The county judge 
of the petitioning county, during the continuance of his term of office, 
and after the union and annexation as aforesaid, shall receive the same 
annual compensation that he was receiving at the date of the Govern- 
or's proclamation aforesaid, which compensation shall be paid by order 
of the county board of the adjoining county out of taxes collected from 
property in the territory that had constituted the petitioning county before 
the aforesaid proclamation. All cases, civil and criminal, and all 
matters of probate that are on the docket of the county judge of the 
petitioning county at the date of the Governor's proclamation aforesaid, 
shall be transferred by the county clerk of the adjoining county to the 
docket of the county judge of the adjoining county; and all cases 
and matters of probate so transferred may be tried before the county 
judge of the petitioning county under such arrangement as may be 
made by and between him and the county judge of the adjoining 



92 COUNTIES. 



county. All criminal cases so transferred shall be tried by a jury 
drawn in the manner provided by law from the qualified jurors resid- 
ing within the limits of the territory that had constituted the petition- 
ing county before the proclamation aforesaid, unless the defendant in 
any such criminal case shall consent in open court to be tried by a 
jury of the adjoining county. The county judge of the petitioning 
county shall forfeit all right to. any compensation if he is not ready 
and willing to perform the duties he may perform under this act. 

§ 73. [Sheriff of petitioning county.] The sheriff of the 
petitioning county shall continue after the date of the Governor's 
proclamation aforesaid, to perform the duties of sheriff in the territory 
that had constituted the petitioning county before the aforesaid procla- 
mation, until his term of office shall expire, at which time he shall 
deliver to the sheriff of the adjoining county, without demand theie- 
for, all books, papers, and furniture pertaining to or connected with 
his office, and also all moneys and writs held by him as sheriff, and 
all property attached or levied on by him as sheriff. He shall have a 
right to collect all taxes collectable by him during his term of office 
from all property in the territory that had constituted the petitioning 
county before the aforesaid proclamation. He shall receive the same 
compensation he would have received as sheriff and ex-officio collector 
of the petitioning county, as if the same had not been united and 
annexed to the adjoining county as aforesaid; but after the date of 
the Governors proclamation aforesaid all his acts shall be performed 
in the name of the sheriff of the adjoining county. After the date of 
the Governor's proclamation aforesaid, the sheriff of the petitioning 
county shall become the deputy of the sheriff of the adjoining county, 
and the sheriff of the petitioning county may perform all the "duties of 
sheriff, to be performed during his term of office in the territory that 
had constituted the petitioning county before the proclamation afore- 
said without control of the sheriff of the adjoining county, and shall 
be liable upon his bond as sheriff, and upon his bond as collector, for 
any breach of the conditions thereof, in the same manner and to the 
same extent as if the petitioning county, had continued to exist as a 
county. The compensation payable to the sheriff of the petitioning 
county, shall be paid by order of the county board of the adjoining 
county, out of taxes upon property in the territory that had constituted 
the petitioning county before the Governor's proclamation aforesaid, 
and he shall account to the county board of the adjoining county for 
all fees collected by him: Provided, that the sheriff of the petitioning 
county shall forfeit all right to any compensation, if he is not ready 
and willing to perform the duties he may perform under this act. 

§ 74: [Coroner.] The coroner of the petitioning county shall per- 
form all the duties required of him by law within the territory that 
had constituted the petitioning county before the proclamation, af ore- 
said, until his term of office shall expire, and shall receive the com- 
pensation to which lie may be entitled by law, and whatever fees or 
compensation may be payable by law out of the county treasury, shall 
be certified and paid by the comity board of the adjoining county to 
such coroner, out of taxes collected from property in the territory 
that had constituted the petitioning county. 



COUNTIES. 98 



§ 75. [County treasurer.] The county treasurer of the petition- 
ing county shall perform all the duties required of him by law, in the ter- 
ritory that had constituted the petitioning county, during his term of 
office. He shall assess the taxable property in the territory aforesaid, 
and shall return his assessment books to the county clei'k of the ad- 
joining county, and make all his reports to the county board of the ad- 
joining county; but he shall be liable upon his bond for any breach 
or breaches of the conditions thereof, in the same manner and to the 
same extent as if the petitioning county had not been united and an- 
nexed to the adjoining county. The compensation to which he may 
be entitled by law, shall be paid by the county board of the adjoin- 
ing county out of taxes collected from property in the territory that 
had constituted the petitioning county, before the proclamation afore- 
said. So much of this section as refers to assessing by the treasurer, 
shall only be applicable where the petitioning county was not under 
township organization at the date of the election aforesaid. 

£ 70. [State's attorney. J The States Attorney for the petition- 
ing county shall, during his term of office, receive the same compen- 
sation he was receiving at the date of the proclamation of the Gover- 
nor, as aforesaid. He shall commence and prosecute all actions, suits, 
indictments and informations of all kinds, arising in the territory 
which had constituted the petitioning county before said proclamation, 
in which the people of the State may be interested, and he shall be 
assistant county attorney for the adjoining county during his said term 
of office. 

§ 77. [Superintendent of schools.] The county superintendent 
of schools of the petitioning county shall continue to act as such in 
the territory that constituted the petitioning county before said proc- 
lamation, until his term of office shall expire, at which time he shall 
deliver to the county superintendent of schools of the adjoining coun- 
ty, without any demand therefor, all moneys, books, papers and per- 
sonal property, belonging to the office of the county superintendent of 
the petitioning county, whenever the term of office of the county su- 
perintendent of the petitioning county shall have expired, by death, 
resignation, or lapse of time, all notes and mortgages, and other con- 
tracts, payable to, or made in the name of the county superintendent 
of the petitioning county may b^ collected, and in any manner enforced, 
by suit, or otherwise, by and in' the name of the county superin- 
tendent of the adjoining county. The county superintendent of the 
petitioning county shall be subject to the direction and control of the 
county board of the adjoining county, in the same manner and to the 
same extent that he would have been subject to the county board of 
the petitioning county, if the same had continued to have a separate 
existence as a county. 

§ 78. [County board.] The members of the county board of the 
petitioning county and the county board of the adjoining county, after 
the date of the Governor's proclamation aforesaid, shall sit together at 
all regular and called meetings, as the county board of the adjoining 
county as it will be constituted after the proclamation aforesaid. 
Whenever the term of office of any one of the members of the county 



94 COUNTIES. 



board of the petitioning county shall expire, by his death or resignation, 
or refusal to act, or by lapse of time, the expiration of said term, and 
the manner thereof shall be entered upon the records of the said county 
board of the adjoining county, and no successor to him shall be 
elected, and whenever the term of office of any member of the county 
board of the adjoining county, elected before the date of the Govern- 
or's proclamation aforesaid, shall expire in any of the modes herein- 
before mentioned after the date of said proclamation, a successor to 
him shall be elected in the adjoining county at large as it shall be 
constituted after the date of the proclamation aforesaid, including the 
territory that had constituted the petitioning county before said proc- 
lamation. 

§ 79. [Justices of the peace and constables.] All justices of 
the peace and constables, duly elected, qualified, and acting within the 
territory which had constituted the petitioning county before the date 
of said proclamation of the Governor, shall become, on and after the 
date of said proclamation, justices of the peace and constables of the 
adjoining county; and all their official acts shall be performed by them 
as justices of the peace and constables of the adjoining county, and 
they shall be liable in all respects for non-performance of any duties 
required by law of them or any of them, as justices of the peace, or 
constables of the adjoining county. After the date of the Governor's 
proclamation aforesaid, they shall make all applications, returns, and 
reports, which might have been by law made to the county clerk of 
the petitioning county before the date of the proclamation aforesaid, 
to the county clerk of the adjoining county. 

§ 80. [Death of officer of petitioning county.] If any county 
officer of the petitioning county shall die before his term of office 
shall have expired, after the proclamation aforesaid, no successor to 
him shall be elected to fill his unexpired term. 

§ 81. [Town officers where counties under township organi- 
zation, etc.] If both the petitioning and adjoining counties are under 
township organization, the town officers shall not be in any manner 
affected by the union and annexation aforesaid. If the petitioning 
county is under township organization, and the adjoining county is 
not under township organization, the town officers shall continue to 
act as such until their respective terms of office shall expire; and the 
members of the county board of the petitioning county shall all sit 
with, and as a part of the county board of the adjoining county, as 
hereinbefore provided; and after the term of office of said town officers 
and said county board of the petitioning county shall expire, the said 
township organization shall cease to exist. If the adjoining county is 
under township organization, and the petitioning county is not under 
township organization, immediately after the proclamation of the 
Governor aforesaid, the territory that had constituted the petitioning 
county shall be divided into towns, in the manner provided in an act 
entitled "An Act to revise the law in relation to township organization," 
approved March 4, 1874. 



COUNTIES. 95 



§ 82. [Legislative and judicial apportionment to remain, etc.] 
The territory which constituted the petitioning county shall continue 
and remain until the next apportionment of the state for congressional, 
legislative or judicial purposes part of the same congressional district, 
of the same senatorial district, of the same judicial grand division, of 
the same judicial, appellate district, and of the same judicial circuit 
that it constituted part of at the date of the proclamation aforesaid; 
and at any election, where the territory that had constituted the re- 
spective counties before said proclamation is in different districts, the 
county clerk of the adjoining county shall keep separate the votes 
polled in the territory constituting the respective counties before said 
proclamation, until the next apportionment aforesaid, and shall report 
and return the same separately to the Secretary of State. 

§ 83. [Transfer of causes.] All cases of every kind that are on 
the docket of the circuit court of the petitioning county at the date 
of the Governor's proclamation aforesaid, shall be transferred by the 
clerk of the circuit court of the adjoining county to the docket of the 
circuit court of that county; and all criminal cases so transferred shall 
be tried by a jury drawn in the manner provided by law from the 
qualified jurors residing within the limits of the territory that had 
constituted the petitioning county before the proclamation aforesaid, 
unless the defendant in any such criminal case shall consent in open 
court to be tried by a jury of the adjoining county. 

§ 84. [Debts, taxes, issuing bonds.] The adjoining county shall 
not become liable for the debts of the petitioning county. The county 
board of the adjoining county shall have all the powers which the 
county board of the petitioning county had at the date of the said 
proclamation of the Governor, to levy taxes upon all the property in 
the territory which had before the aforesaid proclamation constituted 
the petitioning county, to pay the debts of the petitioning county. 
The county board of the adjoining county shall have full power to 
compromise the debts of the petitioning county; and shall have full 
power to issue bonds in settlement or compromise of the debts of the 
petitioning county, which debts may be funded by the adjoining county 
in bonds issued by that county, setting forth upon their face that the 
principal and interest of said bonds shall be paid from taxes levied 
upon the property within the territory which had constituted the 
petitioning county. And the county board of the adjoining county 
may submit to the legal voters of the adjoining county, as it will be 
constituted after the said proclamation of the Governor, a proposition 
to consolidate the debts of the petitioning and adjoining counties; and 
if a majority of legal voters of said adjoining county, and a majority 
of the legal voters residing in the territory that had constituted the 
petitioning county, at any general election shall be in favor of the 
consolidation of said debts, the same shall be consolidated, and bonds 
may be issued therefor in the name of the adjoining county. All suits 
that might have been brought against the petitioning county, may be 
brought after the proclamation aforesaid against the adjoining county; 
and any judgment that may be rendered in said suits may be paid by 
taxation upon the property in the territory that had constituted the 



96 COUNTIES — COURTS. 



petitioning county. In any funding of the consolidated debts of the 
said petitioning or adjoining county, the bonds issued shall not bear a 
greater rate of interest than five per cent. 



Approved May -list, 1879. 



COURTS. 



APPELLATE COURTS. 



§ 1. Terms. | § 2. Emergency. 



An Act to amend an act entitled "An act to establish Appellate Courts'''' 
approved June 2, 1877. Approved and in force February 28, 1879. 

Section I. [Terms.] Be it enacted by the People of the State of 
Illinois represented in the General Assembly That section 2 of an act 
entitled "An act to establish Appellate Courts 1 ' approved June 2, 
1877, be amended so as to read as follows. The tei'ms of said Ap- 
pellate Courts shall be begun and held in the several districts as fol- 
lows. In the first district at the City of Chicago on the first Tuesdays 
in March and October of each year. In the second district at Ottawa, 
in LaSalle county on the third Tuesdays in June and December of 
each year. In the third district at Springfield on the third Tuesdays 
of May and November in each year. In the fourth district at Mt. 
Vernon on the first Tuesdays in February and July in each year. 

§ 2. [Emergency.] Whereas, The term of the Judges assigned to 
duty in the first district expires in June 1879 and 

Whereas It is desirable that the business of the next term of 
said court should be transacted before the expiration of said term there- 
fore an emergency exists and this act shall take effect from and after 
its passage. 

Approved February 28th, 1879. 



jury . 



§ 2. Jury may be dispensed with. 



An Act to amend section 2 of an act entitled "An Act concerning Cir- 
cuit Courts, and to fix the times for holding the same, in the several 
counties in the judicial circuits, in the State of Illinois, exclusive of 
the county of Cook,'''' app>roved May 2, 1873, in force July 15, 1873. 
Approved May 24, 1879. In force July 1, 1879. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section 2 of an act entitled 



COURTS. 97 



"An Act concerning circuit courts, and to fix the times for holding 
the same, in the several counties in the judicial circuits, in the State 
of Illinois, exclusive of the county of Cook," approved May 2, 1873, 
be and the same is hereby so amended as to read as follows 

§ 2. [Dispensing with jury. 1 When in the opinion of the Judges 
of any of the judicial circuits of this State, or a majority of them, it 
shall not be necessary for the speedy administration of justice, to sum- 
mon a grand and petit jury or either of them, they may, by an order 
to be made in vacation, or by the court in term time, to be entered 
of record in the office of the clerk of the circuit court of the county 
affected thereby, dispense with either or both of such juries for any 
term, or part of term of such circuit court, and may designate what 
term or terms, or part or parts thereof, shall be devoted to criminal 
business; and what term or terms, or part or parts thereof, shall be 
devoted to civil business; and such court, or Judges in vacation, shall 
have power to direct all process that may issue or proceedings to be 
had, to be made returnable to, and to be done at the appropriate terms 
set apart for the different kinds of business as fixed by such order; 
and such term or terms shall in all respects be treated only as a term 
or terms of court for the particular kind of business designated in such 
order, which order shall stand until rescinded by the court in term time 
or by a majority of the Judges of the circuit in vacation. 

Approved May 24th, 1879. 



SUPREME COURT -GRAND DIVISIONS. 



Section I. Grand divisions. 



An Act to amend section one (l) of an act entitled, "An act to revise 
the law in relation to the Supreme court" approved March 23d, 1874, 
and in force July 1st, 1874. Approved May 21, 1879. In force 
July 1, 1879. 

Section 1 . Be it enacted by the People of t/ie State of Illinois, rep- 
resented in tJie General Assembly, That section one (1) of an act entitled 
u An act to revise the law in relation to the Supreme Court," ap- 
proved March 23d 1874, be, and the same is, hereby so amended as 
to read as follows: 

§ 1. [Grand divisions.] That for the purpose of holding terms of 
the Supreme Court, the State shall be divided into three grand divisions, 
to be known as the Southern, Central and Northern Grand Divisions, 
respectively, and to be as follows: 

The Southern Grand Division shall include the counties of Alexander, 
Bond, Clay, Clinton Crawford, Edwards, Effingham, Fayette, Franklin, 
Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, Law- 

7— 



98 COURTS. 



rence, Madison, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, 
Richland, Saline, St. Clair, Union, Wabash, Washington, Wayne, 
White and Williamson. 

The Central Grand Division shall include the counties of Adams, 
Brown, Cass, Calhoun, Champaign, Christian, Clark, Coles, Cumberland, 
DeWitt, Douglas, Edgar, Ford, Fulton, Greene, Hancock, Jersey, 
Logan, Macon, Macoupin, Mason, McDonough, McLean, Menard, 
Montgomery, Morgan, Moultrie, Piatt, Pike, Sangamon, Schuyler, 
Scott, Shelby, Tazewell, and Vermilion. 

The Northern Grand Division shall include the counties of Boone, 
Bureau, Carroll, Cook, DeKalb, DuPage, Grundy, Henderson, Henry, 
Iroquois, JoDaviess, Kane, Kankakee, Kendall, Knox, Lake, LaSalle, 
Lee, Livingstone, Marshall, McHenry, Mercer, Ogle, Peoria, Putnam, 
Rock Island, Stark, Stephenson, Warren, Whiteside, Will, Winnebago, 
and Woodford. 

Approved May 21st, 1879. 



SUPREME COURT-TIME OF HOLDING. 

§ 1. Time of holding'. | § 2. When opinions to be delivered. 

An Act to fix the time of holding the Supreme Court. Approved June 
4, 1879. In force July 1, 1879. 

Section 1. [Time of holding.] Be it e?iacted by the People of 
the /State of Illinois, represented in the General Assembly, That the 
terms of the Supreme court shall be begun and held at the several 
places provided for holding the same as follows: 

In the Southern Grand Division, at Mt. Vernon, on the first Tues- 
days in May and November in each year. 

In the Central Grand Division, at the city of Springfield, on the 
first Tuesdays of January and June of each year. 

In the Northern Grand Division, at Ottawa, on the first Tuesdays of 
March and September of each year. 

§ 2. [When opinions to be delivered.] The judges of the 
Supreme Court are hereby required, in all cases pending in said court, 
to prepare and file their written opinions deciding said cases, during 
the respective terms at which said causes may be heard and de- 
termined. 

Approved June 4th, 1879. 



COURTS. 99 



TERMS OF CIRCUIT COURTS. 



§ 1. Times of holding 1 court. I § 15. Repeal. 



An Act concerning Circuit Courts, and to fix the time for holding the 
same, in the several counties in the judicial circuits in the State of 
Illinois, exclusive of the county of Cook. Approved May 24, 1879. 
In force July 1, 1879. 

Section 1 . [Times of holding court.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That here- 
after the times for holding the circuit courts in the several coun- 
ties composing the various judicial circuits in the State of Illinois, ex- 
clusive of the county of Cook, as said circuits have been defined by 
a law of the General Assembly, approved June 2, 1877, be as follows: 

§ 2. First Circuit — In the county of Union, on the first Monday 
of March, and first Monday of September; in the county of Jackson, 
on the fourth Monday of March, and second Monday of August, and 
second Monday in December; in the county of Williamson on the 
second Mondays of January and July; in the county of Franklin, on 
the fourth Mondays of April and October; in the county of Saline, on 
the second Mondays of March and September; in the county of Alex- 
ander, on the second Monday of February, and third Monday of 
September, and second Monday of July; Provided, the term to be held 
on the second Monday of July in Alexander county, shall be held ex- 
clusively for criminal business; in the county of Pulaski, on the third 
Monday of February and first Monday of October; in the county of 
Pope, on the third Monday of February and second Monday of October; 
in the county of Massac, on the third Monday of April and third 
Monday of November; in the county of Hardin, on the first Monday 
of April and fourth Monda3 r of October; in the county of Johnson, on 
the first Mondays of April and November. ■ 

§ 3. Second Circuit — In the county of Lawrence, on the first Mon- 
days of February and August; in the county of Cumberland, on the 
third Mondays of February and August; in the county of Crawford, 
on the first Mondays of March and September; in the county of Clay, 
on the third Mondays of March and on the second Monday of Septem- 
ber; in the county of Richland, on the second Mondays of April and 
November; in the county of Effingham, on the fourth Monday of April 
and third Monday of October; in the county of Jasper, on the third 
Monday of May and first Monday of December; in the county of 
Jefferson, on the second Monday of May and second Monday of 
December; in the county of Hamilton, on the fourth Monday of Feb- 
ruary and fourth Monday of September; in the county of Wayne, on 
the third Monday of March and third Monday of October; in the 
county of Edwards on, the second Monday of April and second Mon- 
day of November; in the county of Wabash, on the third Monday of 
April and the third Monday of November; in the county of White, on 
the first Monday of January, the first Monday of June and the first 
Monday of October; in the county of Gallatin, on the first Monday of 
February and the first Monday of September; Provided, that the June 
term of the court to be held in the county of White shall be devoted 



100 COURTS. 



exclusively to the impanneling of a grand jury, the trial of criminal 
cases, and the transaction of any business in civil and chancery cases 
not requiring a jury, or where a jury may he waived. 

§ 4. Third Circuit — In the county of St. Clair, on the third Monday 
of February, third Monday of May, and the third Monday of Septem- 
ber; in the county of Madison, on the third Monday of March and 
third Monday of October; in the county of Bond, on the first Monday 
of March and first Monday of September; in the county of Marion, on 
the second Monday of February and second Monday of August; in the 
county of Randolph, on the first Mondays of March and September; 
in the county of Monroe, on the third Mondays thereafter; in the 
county of Washington, on the second Mondays thereafter; in the county 
of Perry, on the third Mondays thereafter; in the county of Clinton, 
on the second Mondays thereafter. 

§ 5. Fourth Circuit — In the county of Vermilion, on the first Mon- 
day in February, third Monday of May and first Monday of October; 
in the county of Edgar, on the second Monday of March and the 
second Monday of September; in the county of Douglas, on the second 
Monday of April and the second Monday of October; in the county of 
Clark, on the first Monday of March and the first Monday of Septem- 
ber; in the county of Coles, on the second Monday of April and the 
second Monday of November; in the county of Piatt, on the first 
Monday of September and first Monday of February; in the county of 
Champaign, on the fourth Monday of September and "first Monday in 
March; in the county of Moultrie, on the third Monday in November 
and third Monday of April, in the county of Macon, on the first 
Monday of December and second Monday of May. 

§ 6. Fifth Circuit — In the county of Sangamon, on the first Mon- 
day of February, first Monday of May and first Monday of October; 
in the county of Macoupin, on the third Monday in February, on the 
first Monday in June and third Monday in September; in the county 
of Christian, on the first Monday of March, last Monday of June and 
third Monday of November; Provided, that the said June term shall 
be devoted exclusively to the trial of chancery causes, and the trial or 
transaction of any business in criminal and civil cases not requiring a 
jury, and no jury shall be impaneled for said June term. In the 
county of Montgomery, on the seventh Tuesday after the first Tuesday 
of February, and on the twelfth Tuesday after the third Tuesday of 
August; in the county of Fayette, on the third Tuesday after the first 
Tuesday in February and the fourth Tuesday after the third Tuesday 
of August; in the county of Shelby, on the first Tuesday of April and 
on the eighth Tuesday after the third Tuesday of August. 

§ 7. Sixth Circuit — In the county of Adams, on the third Monday 
of January, and fourth Monday of March and on the third Monday 
of May, and on the third Monday of June, and third Monday of 
September, and on the fourth Monday of October; in the county of 
Hancock, on the first Mondays of March, June and October; in the 
county of McDonough, on the first Tuesday of February, the second 
Tuesday of May, and the second Tuesday of September. Provided, 
that the May term shall be devoted exclusively to the trial of chancery 



COURTS. 101 



causes, and the trial or transaction of any business in civil and crimi- 
nal cases not requiring a jury, and no jury shall be impaneled for 
said May term. In the county of Brown, on the fourth Tuesday in 
February, and the first Tuesday in October, in the county of Fulton, 
on the second Tuesday of March, the third Tuesday of August, 
and the first Tuesday of December. In the county of Pike, on the 
first Tuesday of April, and the first Tuesday of November. In the 
county of Schuyler, on the fourth Tuesday in April, and the third 
Tuesday in October. 

§ 8. Seventh Circuit — In the county of DeAVitt, on the third Mou- 
day of March, fourth Monday of August and first Monday of December; 
in the county of Logan, on the third Mondays of January, May and 
September; in the county of Menard, on the first Monday of March, 
and third Mondays of July and October; in the county of Mason, on 
the second Monday of February, and first Mondays of August and 
November; in the county of Cass, on the first Monday of February, 
and third Monday of August; in the county of Greene, on the fourth 
Monday of February, and first Monday of September; in the county of 
Jersey, on the third Monday ot March and fourth Monday of Septem- 
ber; in the county of Calhoun, on the second Mondays of April and 
October; in the county of Scott, on the fourth Mondays of April and 
October; in the county of Morgan, on the second Mondays of May and 
November. 

§ 9. Eighth Circuit — In the county of Peoria, on the first Mondays 
in February, May, October, and December; in the county of Stark, on 
the second Mondays of March and September; in the county of Tazewell, 
on the first Mondays of May, and February, and second Mondays of 
September, and November; in the county of Marshall, on the second 
Monday of January, and first Mondays of June and October in each 
year; in the county of Putnam, on the first Monday of March and 
fourth Monday of October; in the county of Woodford, on the first 
Mondays of April, August and December. 

§ 10. Ninth Circuit — In the county of LaSalle, on the second 
Monday of October, second Monday of January, second Monday of 
March, and the second Monday of June; in the county of Bureau, 
on the third Monday of March and fourth Monday of August, and 
the first Monday in December; in the county of Grundy, on the third 
Monday of November and second Monday of March; in the county of 
Will, on the first Monday of January, and the third Monday of May, 
which term shall close on the last Saturday in June, and on the third 
Monday of September. 

§ 11. Tenth Circuit — In the county of Rock Island, on the first 
Mondays of January, May and September; in the county of Henry, on 
the second Mondays of February, June and October; in the county of 
Mercer, on the third Monday of March, fourth Monday of November 
and second Monday of August; in the county of Knox, on the first 
Mondays of February and June, and the third Monday of October; in 
the county of Warren, on the first Mondays of January and May, and 
third Monday of September; in the county of Henderson, on the 
second Monday of March, and fourth Monday of August. 



102 • COURTS. 



§ 12. Eleventh Circuit — In the county of Livingston, on the first 
Tuesdays of January and May, and second Tuesday of October; in the 
county of Iroquois, on the first Tuesdays of March and November, 
aud third Tuesday of June; in the county of Kankakee, on the first 
Tuesdays of April and December, and third Tuesday of Septem- 
ber; in the county of McLean, on the second Monday in September, 
first Monday of November, first Monday of February, and fourth Mon- 
day of April; in the county of Ford, on the third Tuesday of August, 
and first Tuesdays of April and December. 

§ 13. Tioelftlt Circuit In the county of Kane, on the first Monday 
of February on the third Monday of April, and on the first Monday 
of October; in the county of DuPage, on the third Mondays of March 
and September; in the county of Kendall, on the fourth Monday of May 
and second Monday of January; in the county of Boone, on the second 
Mondays of September and February; in the county of DeKalb, on 
the third Monday of June, and fourth Mondays of October and Feb- 
ruar}^; in the county of McIIenry, on the second Monday of January, 
fourth Mondays of May and September; and in the county of Lake, 
on the second Monday of March, and first Monday of November. 

§ 14. Thirteenth Circuit — In the county of JoDaviess, on the second 
Mondays of November and February, and the fourth Monday in May; 
in the county of Stephenson, on the first Mondays of September and 
December, and the third Monday of March; and in the county of 
Winnebago, on the first Monday in October, second Monday in Jan- 
uary, and the fourth Monday of April; in the county of Whiteside, 
on the fourth Monday of August, and first Monday of December, second 
Monday of March, and second Monday of June; in the county of Carroll, 
on the third Monday of September, first Monday of January, and second 
Monday of April; in the county of Ogle, on the first Monday of Oc- 
tober, third Monday of January, and fourth Monday of April; in the 
county of Lee, on the fourth Monday of October, second Monday of 
February and third Monday of May; Provided that no grand or petit 
jury shall be summoned for the June term in the county of White- 
side, unless specially ordered by the court. 

§ 15. [Repeal.] All acts or parts of acts in conflict herewith be, 
and the same are hereby repealed. 

Approved May 24th, 1879. 



TERMS OP CIRCUIT COURTS— MCLEAN AND FORD COUNTY. 
§ 1. Change of term. I l 3. Emergency. 

An Act to fix the time for holding the Circuit Courts in the counties 
of McLean and Ford. Approved and in force March 28, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the Circuit Courts shall, 



COURTS. 103 



after the taking effect of this act, be held in the counties of McLean 
and Ford, as follows: 

In the county of McLean, on the second Monday of September, first 
Monday of November, first Monday of February and fourth Monday 
of April; in the county of Ford, on the third Tuesday of August, and. 
first Tuesdays of April and December. 

§ 2. [Emergency.] For the reason that the proposed April term 
of said court in McLean county occurs before the first day of next 
July, an emergency exists, and this act shall take effect and be in 
force from and after its passage. 

Approved March 28th, 1879. 



TERM OF CIRCUIT COURT-FULTON COUNTS'. 

§ 1. Terms of court. 1 § 3. Emergency. 

§ 2. Proceedings legalized. 

An Act providing for a term of the Circuit Court of Fulton county 
in May, 1879, and legalizing the judicial proceedings therein named. 
Approved and in force May 21, ls79. 

Whereas, It was provided by the law in force at the time of the 
meeting of this General Assembly, that the Circuit Court of Fulton 
county should hold a regular term to commence on the third Tuesday, 
being the 15th day of April 1879; and 

Whereas, By the provisions of an act passed at this present session 
of the General Assembly, it was sought to change the time of holding 
the April term of said court from Tuesday the 15th day of April 1879, 
to the third Monday in April, being the 21st day of April 1879; but, 
through misadventure, the provisions of said act providing for the said 
change in the time of holding said April term, as the said act was 
finally engrossed and signed by the Governor were dropped out of 
said act: and, 

Whereas, The said circuit court of Fulton county, in pursuance of 
the said supposed provisions of said act, did not convene on the 1 5th 
day of April 1879, as by law it was authorized to do, whereby said 
term of court lapsed; but the said court did convene on the third 
Monday, being the 21st day of April 1879, as and for a regular term 
of said court, and from thenceforth did continue in supposed legal 
session, transacting all such business as was then pending in said 
court; and, 

Whereas, The presiding judge of said court, after learning of said 
omission in said act, did adjourn said supposed term from time to 
time, awaiting the action of the General Assembly in the premises; 
therefore, 



104 COURTS. 



Section 1. [Change of term.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That it shall 
be lawful for the Circuit Court of Fulton county to convene on the 
22nd day of May, 1879, and, having so convened, it shall be lawful 
for said court to hear and determine all causes, suits and proceedings 
pending in said court, and as the same appear upon the docket of said 
court, and for this purpose it shall be lawful for said court to set 
aside all judgments and vacate all orders and decrees rendered and 
made by said court while in such supposed session, or to enter final 
judgment on verdicts rendered, and in cases tried by said court without 
the intervention of a jury, and to make all such orders and enter all 
such decrees, as the court might lawfully have entered and made in 
regular session. 

§ 2. [Proceedings legalized.] That all judgments, orders and 
decrees, entered and made by said circuit court at said supposed term, 
not set aside, modified, vacated or confirmed under the provisions of 
the preceding section, and all acts and proceedings thereunder are 
hereby legalized and validated as fully and perfectly, and to all intents 
and purposes as if said court had regularly convened and been held 
according to law. 

§ 3. [Emergency.] Whereas, an emergency exists by reason of 
the convening of said term of court in the month of May 1879, as 
herein provided for, therefore this act shall take effect and be in force 
from and after its passage. 

Approved May 21st, 1879. 



COUNTY COURTS. 



§ 9. Change of terms. 



An Act to amend section nine (9) of an act entitled "An act to extend 
the jurisdiction of county courts, and to provide for the practice there- 
of \ to fix the time for holding the same, and to repeal an act therein 
named,'''' Approved March 26, 1874, in force July 1, 1874. Approved 
May 13, 1879. In force July 1, 1879.' 

Section 1. Be it enacted by the People of the State of Illinois, repre- 
sented in the General Assembly, That section nine (9) of an act entitled 
"An act to extend the jurisdiction of county courts, and to provide for the 
practice thereof, to fix the time for holding the same, and to repeal an 
act therein named," approved March 26, 1874, in force July 1, 1874, be 
and the same is hereby so amended as to read as follows. 

§ 9. Adams, on the first Mondays of February, June and October. 

Approved May 13th, 1879. 



COURTS. 105 



§ 1. Change of terms. 



An Act to amend sections twelve (12), thirty-six (36), thirty-eight (38), 
forty-five (45), forty-nine (-9), fifty-one (51), and seventy-five (75), of 
an act entitled "An act. to extend the jurisdiction of county courts, 
and to provide for the practice thereof to fix the time of holding the 
same and to repeal a certain act therein named,'''' approved March 
26th, 1874, as amended, by art in force July \, 1875. Approved 
May 15, 1879. In force July 1, 1879. 

Section l. Be it enacted by the People of the State of Illinois'* 
represented in the General Assembly, That sections twelve (12) thirty - 
six (36) thirty-eight (38) forty-live (45) forty-nine (49) iifty-one (51) 
and seventy-five (75) of an act entitled "An Act to extend the juris- 
diction of county courts, and to provide for the practice thereof, to 
fix the time for holding the same and to repeal an act therein named," 
approved March 26th, 1874, be and the same are hereby amended so 
as to read as follows, viz: 

§ 12. Boone, in March, June and December. 

§ 36. Franklin, on the third Mondays of February and August. 

§ 38. Gallatin, on the third Mondays of April and November. 

§ 45. Henry, in April, August and December. 

§ 49. Jefferson, on the third Mondays of March and September. 

§ 51. JoDaviess, in April, December and on the third Monday of 
September. 

§ 75. Monroe, in January and June. 

Approved May 15th, 1879. 



I 21. Change of terms. i § 2. Emergency. 

An Act to amend an act entitled "An act to amend section 21 of an 
act entitled "An act to extend the jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named,''' 1 Approved May 22, 1877. 
In force July, 1, 1877. Approved and in force May J 5, 1879. 

Section 1. Be, it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section twenty-one (21) of an 
act entitled "An Act to amend section twenty-one (2!) of an act en- 
titled "An act to extend the jurisdiction of county courts, and 
to provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named," approved May 22, 18 77, in force 
July 1, 1877, be and the same is hereby amended so as to read as 
follows. 

§ 21. Clay, in January and June. 



1 06 COURTS. 



§ 2. [Emergency.] Whereas, The only term of said court now 
provided for by law commences on the third Monday in October, and 
therefore conflicts with the. circuit court, of said county, therefore an 
emergency exists, and this act shall take effect and be in force from 
and after its passage. 



Approved May 15th, 1879. 



§ 52. Change of terms. 

An Act to amend section fifty-two (52) o^ an act entitled "An act to 
extend the jurisdiction of county courts, and to provide for the prac- 
tice thereof, to fix the time for holding the same, and to repeal an 
act therein named,'''' approved March 26, 1874, in force July 1, A. 
D. 1874. Ai^proved May 15, 1S79. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section fifty-two (52) of an 
act entitled "An act to extend the jurisdiction of county coui-ts, and 
to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein named," approved March 26, A. 
D. 1874, in force July 1, 1874, be and the same is hereby amended 
so as to read as follows. 

§ 52. Johnson, in February and August. 

Approved May 15th, 1879. 



§ 60. Change of term. 

An Act entitled "An Act to amend section 60 of an act entitled "An 
Act to extend the jurisdiction of County Courts, and to provide for 
the practice thereof, to fix the time for holding the same, and to re- 
peal an act therein named" approved March 26, 1874, in force July 
1, 1874. Approved May 10, 1879. In force July 1, 1879. 

Section 1. He it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section 60 of an act entitled 
"An Act to extend the jurisdiction of courty courts, and to provide 
for the practice thereof, to fix the time for holding the same, and to 
repeal an act therein named," approved March 26, 1874; in force July 
1, 1874, be and the same is hereby so amended as to read as follows. 

§ 60. Lee, in December and June. _ 

Approved May 10th, 1879. 



COURTS. 107 



§ 66. Change of terms. 

An Act to amend an, act entitled "An Act to extend the jurisdiction of the 
county courts, and to provide for the practice thereof, to fix the time 
for holding the same, and, to repeal an act therein named'''' approved 
Mareh 26, 1874, in force July 1, 1874. Approved May 13, 1879. 
In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section sixty-six (66) of 
"An Act to extend the jurisdiction of county courts, and to provide 
for the practice thereof, to fix the time for holding the same, and to 
repeal an act therein named," be and the same is hereby so amended as 
to read as follows: 

§ 66. Macon, in February July and October. 

Approved May 13th, 1879. 



§ 70. Change of terms. 

An Act to amend section 70, of an act entitled "An Act to amend 
sections (70), eighty-six, (86) and one hundred and nine (109), of An 
Act entitled "An Act to extend the jursidiction of county courts, and 
to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein named,' 1 '' approved March 26, 
1874, approved April 13, 1875. Approved May 13, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section (70) of an act 
entitled "An act to amend sections seventy (70) eighty-six (86) and 
one hundred and nine (109), of an act entitled "An Act to extend 
the jurisdiction of county courts, and to provide for the practice 
thereof, to fix the time of holding the same, and to repeal an act 
therein named," approved 'March 26th, 1874, approved April 13, 1875, 
be amended so as to read as follows: 

§ 70. Marshall, on the fourth Mondays of April, August, and 
November in each year. 

Approved May 13th, 1879. 



§ 1. Change of term. 



An Act to amend section seventy-nine (79) of an act entitled "An act 
to extend the jurisdiction of County Courts, and to provide for the 
practice thereof, to fix the time for holding the same, and to repeal 
an act therein named" approved March 26, 1874. Approved May 
10, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep>- 
resented in the General Assembly, That section seventy-nine (79) of an 



108 COURTS. 



act entitled "An Act to extend the jurisdiction of county courts, and 
to provide for the practice thereof, to fix the time for holding the 
same, and to repeal an act therein named," approved March 26, 1874, 
be amended so as to read as follows: 



§ 79. Ogle, in February, June and November. 
Approved May J 0th, 1879. 



§ 84. Change of term. | 8 2. Emergency. 

An Act to amend section 84 of an act entitled "An act to extend the 
jurisdiction of County Courts, and to provide for the practice thereof, 
to fix the time for holding the same, and to repeal an act therein 
named" approved March 26, 1874, ap>p>roved February 22, 1877, in 
force July 1, 1877. Approved and in force May lu, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly That section 84 of an act entitled 
"An Act to extend the Jurisdiction of the County Courts, and to 
provide for the practice thereof, to fix the time for holding the same, 
and to repeal an act therein named," approved March 26, 1874, be 
and the same is hereby amended so as to read as follows: 

§ 84. Pope, The third Monday in July of each year. 

§ 2. (Emergency.] Whereas, The only term of said court now 
provided by law commences on the second Monday in February and 
therefore conflicts with the Circuit Court of said county, therefore an 
emergency exists, and this act shall take effect and be in force from 
and after its passage. 

Approved May 10th, 1879. 



§ 93. Change of terms. 

An Act to amend section ninety-three (93) of an act entitled "An act 
to extend the jurisdiction of county courts, and to provide for the 
practice thereof, to fix the time for holding the same, and to repeal 
an act therein named,'''' approved Marc!) 26, ]S74. Approved May 13, 
1879, Li force July 1, 1879. 

Section I. Be it enacted by the People of the State of Illinois, rep- 
resented in the Geuercd Assembly, That section ninety-three (9*8), of an 
act entitled "An act to extend the jurisdiction of county courts, and to 
provide for the practice thereof, to fix the time for holding the same, 



COURTS. 109 



and to repeal an act thei'ein named," approved March 26, 1874, be 
amended so as to read as follows: 



§ 93. Shelby, in January and July. 
Approved May 13th, 1879. 



§ 107. Chang-e of time. 

An Act to amend section one hundred and seven (107), of an act entitled 
"An act to extend the jurisdiction of the county courts, and to pro- 
vide for the practice thereof to fix the time for holding the same, and 
to repeal an act therein named" approved March 26, 1874, in force 
July 1, 1874; approved May 13, 1879. hi force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one hundred and 
seven (107) of an act entitled "An act to extend the jurisdiction of 
county coui'ts, and to provide for the practice thereof, to fix the time 
for holding the same, and to repeal an act therein named," approved 
March 26, A. D. 1874, in force July 1, 1874, be and the same is 
hereby amended so as to read as follows: 

§ 107. Williamson, in March, August, and December. 

Approved May 13th, 1879. 



INTERCHANGE OF JUDGES. 



S 1. Interchange of judges. 



An Act to authorize county fudges to interchange, hold, court for each 
other, and perform each others duties. Approved May 31, 1879. In 
force July I, 1879. 

Section 1. [Interchange of judges.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
the county judges of the several counties of this State, with like privi- 
leges as the judges of the circuit courts of this State, may interchange 
with each other, hold court for each other, and perform each others 
duties, when they find it necessary or convenient. 

Approved May 31st, 1879. 



110 COURTS. 



COURTS OF RECORD-IN CITIES. 
CITY COURTS. 

§ 21. Courts— how established. 

An Act to amend section 21 of an act entitled "An act to amend sec- 
tions (5) ten and ttoenty-one of an act entitled "An act in relation to 
cou?'ts of record in cities" approved March 26th 1874, amendment 
thereto approved May 2 1 s^, 1877. Approved May 31 , 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section twenty-one (21) of an 
entitled "An act to amend sections five (5) ten (10) and twenty-one (21) 
of an act entitled "An act in relation to courts of record in cities," 
approved March 26th, 1874, amendment thereto approved May 21st, 
1877, be amended so as to read as follows: 

§ 21. [Courts — how established.] A city court consisting of 
one or more judges, not exceeding five, and not exceeding one judge 
for every fifty thousand inhabitants, may be organized and established 
under this act in any city which contains at least three thousand in- 
habitants, whenever the common or city council shall adopt an ordinance 
or resolution, to submit the question whether such court shall be es- 
tablished, consisting of one or more judges, not exceeding five, as 
may be specified in such ordinance or resolution, to the qualified voters 
of such city, and two-thirds of the votes cast at the election shall be 
in favor of the establishment of such court. Where such court is es- 
tablished with more than one judge, each judge, may hold a separate 
branch thereof at the same time, and when holding such separate branch, 
each judge may exercise all the powers vested in such courts; such election 
shall be neld and conducted, the returns thereof made and canvassed, 
and the result declared in the same manner as other city elections. 
To discontinue and disestablish any such court, precisely the same 
modes of procedure shall be requisite and necessary, and be resorted 
to, as for the organization of said court. In the event of the discon- 
tinuance and disestablishment of any such court, the clerk thereof, 
shall transfer and deliver to the circuit court of the county in which 
such city court is situated, all records, judgments, and processes in 
possession of himself, or of any other officer of said city court, and 
the circuit court shall thereupon, acquire and be vested with juris- 
diction in the cases to which said judgments or process relates. 

Approved May 31st, IS 79. 



CRIMINAL CODE. Ill 



CRIMINAL CODE. 



§ 1. Adulteration— penalty. 

§ 3. Keeping- diseased cows, etc. 

jij 3. Cans, vehicles, etc., to be marked. 

\ 4. Selling- skimmed milk. 



§ 5. Judgment— capias. 

§ 6. What is an adulteration. 

§ 7. Repeal. 



An Act to regulate the sale of milk, and to provide p>enalties for the 
adulteration thereof Approved May 29, 1879. In force July 1, 1879. 

Section 1. [Adulteration — penalty.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That who- 
ever shall, for the purpose of sale for human food, adulterate milk 
with water or any foreign substance, or whoever shall knowingly sell 
for human food, milk from which cream has been taken, without the 
purchaser thereof being informed or knowing the fact, or whoever shall 
knowingly sell for human food, milk from which what is commonly 
called "strippings" has been withheld, without the purchaser thereof be- 
ing informed, or knowing the fact, or whoever shall knowingly sell 
for human food milk drawn from a diseased cow, knowing her to be 
so diseased as to render her milk unwholesome, or whoever shall know- 
ingly sell for human food, milk so tainted or corrupted as to be un- 
wholesome, or whoever shall knowingly supply, or bring to be manu- 
factured into any substance for human food., to any cheese or butter 
factory or creamery, without all interested therein knowing or being 
informed of the fact, milk which is adulterated with water or any 
foreign substance, or milk from which cream has been taken, or milk 
from which what is commonly called "strippings" has been withheld, 
or milk drawn from a diseased cow, knowing her to be so diseased as 
to injure her milk, or milk so tainted or corrupted as to be unwhole- 
some, or whoever shall knowingly, with intent to defraud, take from 
milk after it has been delivered to a cheese factory, or butter factory, 
or creamery, to be manufactured into any substance for human food, 
for or on account of the person supplying the milk or cream, or shall, 
with like intent, knowingly add any foreign substance to the milk or 
cream, whereby it, or the products thereof shall become unwholesome 
for human food, shall be guilty of a misdemeanor, and for each and 
every such misdemeanor shall be fined not less than twenty-five (25) 
nor more than one hundred dollars ($100) or confined in the county 
jail not exceeding six (6) months, or both, in the discretion of the court. 

§ 2. [Keeping diseased cows, etc.] Any person who shall adul- 
terate milk, with the view of offering the same for sale or exchange, 
or shall keep cows for the production of milk for market, or for sale or ex- 
change, in an unhealthy condition, or knowingly feed the same on food 
that produces impure, diseased, or unwholesome milk, shall be deemed 
guilty of a misdemeanor, and on conviction, shall be punished by a 
fine of not less than fifty dollars (-$50), nor more than two hundred 
dollars ($200), for each and every offense. 

§ 3. [Cans, vehicles, etc. to be marked.] Any person or persons 
who shall in any of the cities of this State, engage in or carry on a 
retail business in the sale, exchange of, or any retail traffic in milk, 
shall have each and every can in which the milk is carried or exposed 



112 CRIMINAL CODE. 



for sale or exchange, and the carriage or vehicle from which the same 
is vended, conspicuously marked with his, her, or their name or names, 
also indicating by said mark the locality from which said milk is ob- 
tained or produced, and for every neglect of such marking, the person 
or persons so neglecting, shall be subject to the penalties expressed in 
section two of this act, but for every violation of this act, by so 
marking said cans, carriage or vehicle, as to convey the idea that said 
milk is produced or procured from a different locality than it really is, 
the person or persons so offending, shall be subject to a fine of one 
hundred dollars ($100). 

§ 4. [Selling skimmed milk.] Any person who shall, in any of 
the cities in this State, offer for sale any milk from which the cream 
or any part thereof shall have been taken, shall offer for sale and sell 
the same as skimmed milk, and not otherwise, and shall have each 
can or vessel in which such milk is carried, or exposed for sale, plainly 
and conspicuously marked with the words, "Skimmed Milk." Any 
person violating this section shall be subject to a tine not exceeding 
fifty dollars ($50) for each and every violation. 

§ 5. [Judgment — issuing capias.] Upon the rendition of judgment 
imposing a fine as provided in the foregoing sections, it shall be the 
duty of the justice of the peace or other court rendering said judg- 
ment, also, to render a judgment for the costs, and forthwith to issue 
a capias or warrant of commitment against the body of the defend- 
ant, commanding that, unless the said fine and costs be forthwith 
paid, the defendant shall be committed to the jail of the county, and 
the constable or other officer to whose hands said capias or warrant 
shall come, shall in default of such payment, arrest the defendant and 
commit him to the jail of the county, there to remain, as provided by 
section 308 of "An act to revise the law in relation to criminal juris- 
prudence," in force July 1, 1874; unless such fine and costs shall 
sooner be paid. 

§ 6. [What is an adulteration.] The addition of water or any 
foreign substance to milk or cream intended for sale, or exchange, is 
hereby declared an adulteration. Any milk that is obtained from cows 
fed on distillery waste, usually called "swill," or upon any substance 
in a state of putrefaction, is hereby declared to be impure, and un- 
wholesome. Nothing in this act shall be construed to prevent the 
addition of sugar in the manufacture of condensed or preserved milk. 

§ 7. [Repeal.] Section nine (9) of division one (1) of an act 
entitled "An act to revise the law in relation to criminal jurisprudence," 
(approved March 27, 1874,) and all other acts and parts of act incon- 
sistent herewith are hereby repealed. 

Approved May 29th, 1879. 



CRIMINAL CODE. 113 



CONCEALING PROPERTY. 



§ 1. Concealing- property. 



An Act punishing persons hiding or concealing property levied upon by 
legal process or held under a distress warrant. Approved May 3 1 , 
1879. In force July 1, 1879. 

Section 1. [Concealing property.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That any 
person who by virtue of any legal process or distress warrant, shall 
seize any propei'ty, and shall thereafter hide or conceal the same so 
that it cannot be recovered by writ of replevin in the county where 
such seizure took place, or shall refuse to deliver the same to any 
officer having a writ for the replevy of said property on his demand 
therefor, shall be guilty of a misdemeanor, and on cOTiviction shall be 
fined in any sum not less than twenty dollars, nor more than two 
hundred dollars. 

Approved May 31st, 18 79. 



depositors— protection of bank. 

§ 1. Bank officer, receiving deposit, aftei j § 3. Loans to bank officer. 

insolvency- j § •*• Savings bank not to become liable 

§ 2. Converting money, etc., to private use, | as guarantor, etc. 

larceny. I 

An Act for the protection of bank depositors. Approved Ju.,ie 4, 1879 
In force July 1, 1879. 

Section 1. [Bank officer, brokers, etc., receiving deposit after 
insolvency.] Be it enacted by the Peopjle of the State of Illinois, rep- 
resented in the General Assembly, That if any banker or broker, or per- 
son or persons doing a banking business, or any officer of any banking 
company, or incorporated bank, doing business in this State, shall receive 
from any person or persons, firm, company or corporation, or from any 
agent thereof, not indebted to said banker, broker, banking company 
or incorporated bank, any money, check, draft, bill of exchange, stocks, 
bonds, or other valuable thing which is transferable by delivery, when 
at the time of receiving such deposit, said banker, broker, banking 
company or incorporated bank is insolvent, whereby the deposit so 
made shall be lost to the depositor, said banker, broker or officer, so 
receiving such deposit, shall be deemed guilty of embezzlement, and 
upon conviction thereof, shall be fined, in a sum double -the amount 
of the sum so embezzled and fraudulently taken, and in addition 
thereto, may be imprisoned in the State penitentiary, not less than 
one, nor more than three years. The failure, suspension, or involun- 
tary liquidation of the banker, broker, banking company, or incorpo- 
rated bank, within thirty days from and after the time of receiving 
such deposit, shall be prima facie evidence of an intent to defraud, on 
the part of such banker, broker or officer of such banking company 
or incorporated bank. 



114 CRIMINAL CODE. 



§ 2. [Converting money, bonds, etc., to private use, larceny.] 
If any banker or broker, or person or persons doing a banking busi- 
ness or his agent or servant, or any officer, agent or servant of any 
banking company or incorporated bank, shall, fraudulently convert to 
his own private use, any bullion, money, note, bills, bond, draft, bill 
of exchange, or other property deposited with him, or with such bank- 
ing company or incorporated bank, he or they shall be deemed guilty 
of larceny, and upon conviction thereof, shall be liable to the pains 
and penalties in such cases made and provided for by the statutes of 
this State. 

§ 3. [Savings bank not to loan to bank officers. | It shall not 
be lawful for any savings bank, to loan any deposit or trust fund to 
any officer or officers of such savings bank, and any savings bank, so 
loaning, shall, u]0n proof thereof, if organized under the laws of this 
State, be considered to have forfeited its chartered rights and franchise, 
or liable to a fine of twice the amount so loaned at the discretion of 
the court before which such case may be brought, and the officer or 
officers receiving such deposit or trust fund, shall be deemed guilty of 
having obtained the same under false pretenses, and shall be punished 
therefor according to law. 

§ 4. [Savings bank not to become liable as guarantor, etc.] 
It shall not be lawful for any savings bank, individual or individuals 
doing banking business, banking company, or incorporated bank re- 
ceiving savings deposit, or deposits of trust funds, to assume the pay- 
ment of, or to become liable for, or to guarantee to pay the principal 
of, or interest on, any bonds, notes or other evidence of indebtedness 
of, for, or on account of any person or persons, company, or incorpora- 
tion; and in any assumption, liability or guarantee, whereby such de- 
posits or trust funds could be jeopardized or impaired shall be null 
and void. 

Approved June 4th, 1879. 



disorderly conduct. 



§ 56. Disturbing the peaee . 



An Act to amend an act entitled, "An Act to revise the law in rela- 
tion to Criminal Jurisprudence" approved March ^7th, 1874, in force 
July 1st, 1874. Approved May 24, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section fifty-six (56) of divis- 
ion one (1) of an act entitled "An Act to revise the law in relation 
to Criminal Jurisprudence," approved March 27, 1874, in force July 1, 
1874, be so amended as to read as follows: 

§ 56. [Disturbing the peace.] Whoever wilfully disturbs the 
peace and quiet of any neighborhood or family, by loud or unsual 






Criminal cods. 115 



noises, or by tumultuous or offensive carriage, threatening, traducing, 
quarreling, challenging to fight or fighting, or whoever shall carry con- 
cealed weapons, or in a threatening manner display any pistol, knile, 
slungshot, brass steel or iron knuckles, or other deadly weapon, shall 
be fined not exceeding one hundred dollars. 

Approved May 24th, 18*79. 



FALSE PRETENSES 
§ 10254- Celebrating' marriajre without authority. 

An Act to amend an act entitled "An act to revise the law in relation 
to Criminal Jurisprudence" approved March 2* 1 , 1874. Approved 
May 29, 1879. In force July 1, 1879. 

Section 1. Be it enacted bu the People of the State of Illinois, 
represented in the General Assembly, That an act entitled "An Act to 
revise the law in relation to Criminal Jurisprudence," approved March 
27th, 1874, be and the same is hereby amended by adding the follow- 
ing section: 

§ 102^. [Celebrating marriage without authority.] Any per- 
son who shall celebrate any marriage when not authorized by the law 
of this State to celebrate marriages, shall be fined in any sum not ex- 
ceeding five hundred dollars, and imprisonment for a period of not 
less than one day, and not exceeding two years. Provided, that the 
marriages among the people" called Friends or Quakers, may be sol- 
emnized in the manner heretofore practiced in their societies. 

Approved May 29th, 1879. 



GAMING. 



§ 1. Playing- cards, etc., in saloons. i § 2. Emergency. 

An Act to prevent the playing of cards, dice, balls, or any other article 
or device used in gaming, by minors, in saloons or in 2^ ( ices where 
intoxicating liquors are sold. Approved and in f wee May 20, 1879. 

Section 1. [Playing cards, etc, in saloons, by minors.] Be it 
enacted by the People of the State of Illinois, represented in the General 
Assembly, That all saloons or places where intoxicating liquors are 
sold, in which minors are permitted to play with cards, dice, balls, or 
any other article or device used in gaming, are hereby declared to be 
disorderly houses. Every proprietor or keeper of such saloons or pla- 
ces where such gaming or playing shall take place, shall for the first 



116 CRIMINAL CODE. 



offense be subjected to a fine of not exceeding fifty dollars, and for 
any subsequent offense, to a fine not exceeding one hundred dollars, 
or to imprisonment not exceeding thirty days for the first offense, 
and sixty days for any subsequent offense. 

§ 2. [Emergency.] Whereas, It appears that there is an emergen- 
cy, on account of which this act should at once take effect, therefore 
this act shall take effect from and after the time of its passage. 



Approved May 20th, 1819. 



GRAVES-GRAVEYARDS AND CEMETERIES. 

'i 138. Removing human remains. 

An Act to amend section 138, division 1 of an act entitled "An act to 
revise the law in relation to Criminal Jurisprudence^'' approved March 
27, 1874, in force July 1, 1874. Approved May 21, 1879. In force 
July 1, 1879. 

[Removing human remains.] Be it enacted by the Peo})le of the 
State of Illinois, represented in the General Assembly, That section 
138, division 1, of an act entitled "An act to revise the law in 
relation to criminal jurisprudence," approved March 27, 1874, in force 
July 1, 1874, be, and the same is, hereby amended so as to read as 
follows: 

Whoever willfully and without authority digs up, disinters, removes 
or conveys away from the place of sepulture or interment thereof, any 
human body or the remains thereof, or knowingly aids in such disin- 
terment removal or conveying away, shall be imprisoned in the peni- 
tentiary, not less than one nor more than ten years. 

Approved May 21st, 1879. 



LABELS-SUBSTANCES PURPORTING TO BE BUTTER OR CHEESE. 

§ 1. Packages, etc., stamped or marked. I § 3. Penalties. 
S 2. Labels. I 

An Act to p>revent frauds in the manufacture and sale of butter and 
cheese. Approved May 31, 1879. In force July 1, 1879. 

Section 1. [Packages, etc., stamped or marked.] Be it enacted- 
by the People of the State of Illinois, represented in the General Assem- 
bly, That whoever manufactures, sells, or offers for sale, or causes the 
same to be done, any substance purporting to be butter or cheese, or 
having the semblance of butter or cheese, which substance is not made 



CRIMINAL CODE. 



117 



wlioll}' from pure cream or pure milk, unless the same be manufactured 
under its true and appropriate name, and unless each package, roll or 
parcel of such substance, and each vessel containing one or more 
packages of such substance, have distinctly and durably painted, 
stamped or marked thereon the true and appropriate name of such 
substance, in ordinary bold faced capital letters not less than five-lines 
pica, shall be punished as provided in section three of this act. 

§ 2. [Labels.] Whoever shall sell any such substance as is men- 
tioned in section one of this act, to consumers, or cause the same to 
be done, without delivering with each package, roll or parcel so sold, 
a label on which is plainly and legibly printed, in Roman letters, the 
true and appropriate name of such substance, shall be punished as is 
provided in section three of this act. 

§ 3. [Penalties.] Whoever knowingly violates section one, or sec- 
tion two of this act, shall be fined in any sum not less than ten nor 
more than three hundred dollars, or imprisoned in the county jail not 
less than ten nor more than ninety days, or both, in the discretion of 
the court: Provided, that nothing contained in this act shall be con- 
strued to prevent the use of skimmed milk, salt rennet, or harmless 
coloring matter, in the manufacture of butter or cheese. 



Approved May 31st, 1879. 



LARCENY. 



§ 1. Punishment— value of property. 

'i 2. Labor in work-house, streets, etc. 

'i 3. Working-out fine— credit tor day' s work. 



§ f. Power of keeper of work-house, etc. 
§ 5. Repeal. 



An Act to amend the Criminal Code, to change the punishment of 
persons convicted of the crime of petit larceny and misdemeanors, 
and to repeal an act entitled "An act to amend section 168 of an act 
entitled "An act to revise the law in relation to Criminal Jurispru- 
dence,'''' approved March 27, ]874, approved Ajjril 10, 1877, in force 
July 1, 1877. Approved May 28, 1879. In force July 1, 1879. ' 

Section 1. [Punishment — value of property.] Be it enacted by 
the JPeopde of the /State of Illinois, represented in the General Assembly, 
Every person convicted of larceny if the property stolen exceeds the 
value of fifteen dollars, shall be imprisoned in the penitentiary not less 
than one, nor more than ten years: If the property stolen is of the 
value of fifteen dollars, or less, the person convicted shall be confined 
in the county jail, or sentenced to labor in the work-house of the 
county, city or town, where the conviction is had, or on the streets or 
alleys of the city, or on the public roads in the county, or to such 
labor under the direction of the sheriff as the county board may pro- 
vide for, not exceeding one year, and fined not exceeding one hundred 
dollars. 



118 CRIMINAL CODE. 



§ 2. [Labor in work-house, streets, etc.] That hereafter any 
person convicted in any Court of Record of any misdemeanor under 
the criminal code of this State the punishment of which in whole or 
in part now is, or hereafter may be imprisoned in the county jail, the 
Court in which such conviction is had, may in its discretion, instead of 
committing to jail, sentence such person to labor in the work-house of 
any city, town or county, where the conviction is had, or on the 
streets and alleys of any city, town or on the public roads of the 
county, under any street commissioner, city marshal, or person having 
charge of the work-house, streets, or public roads of snch city, town 
or county, or to such labor under the direction of the sheriff as the 
county board may provide for. 

§ 3. [Working out fine — credit for day's work.] That any 
person convicted of petit larceny, or any misdemeanor punishable under 
the laws of this State, in whole, or in part, by fine may be required by the 
order of the Courts of Record, in which the conviction is had, to work 
out such fine and all costs, in the work-house of the city, town or 
county, or in the streets and alleys; of any city or town, or on the 
public roads in the county, under the proper person in charge of 
such work-house, streets, alleys, or public roads, at the rate of one dollar 
and fifty one hundredth dollars ($ 1 50) per day for each days work. 

§ 4.' [Power of keeper of work-house, etc. J That any keeper 
of a work-house, street commissioner, city marshal, or supervisor of 
roads, or person in whose keeping such convicted person shall be 
placed, may provide for the safe keeping of such person, during the 
time such person may be in his charge, by providing balls and chains, 
and attaching them to such person at any time, and may, if deemed 
necessary to prevent the escape of such prisoner, confine him in the 
county jail during the night, and at any other time such prisoner 
cannot be kept at work. 

§ 5. [Repeal.] That an act entitled "An act to amend section 
168 of an act entitled 'An act to revise the law in relation to crim- 
inal jurisprudence'" approved March 27th, 1874, in force July 1st 
1874, approved April 10th, 1877, in force July 1st, 1877, be, and the 
same is hereby repealed. 

Approved May 28th, lb79. 



malicious mischief. 



§ 186. To railroads. 

An Act to amend section 186 of an act entitled "An act to revise the 
law in relation to criminal jurisprudence, approved March "2,1th, 1874, 
in force July 1, 1874. Approved May 31, 1879. In force July 1, 
1879. 



CRIMINAL CODE. , v 119 



Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That .section 186 of an act entitled 
"An act to revise the law in relation to criminal jurisprudence, 1 ' ap- 
proved March 27th, 1874; in force July 1st, 1874, be and is hereby 
amended to read as follows: 

§ 18(5. [To railroads.] Whoever wilfully, and maliciously, displaces 
or removes, any switch, signal, or rail of any railroad, or displaces, 
or removes, any signal or signal-light, from any bridge that is built 
across any navigable stream in this State, or breaks down, rips up, 
injures or destroys any track bridge or other portion of any railroad, 
or places obstructions thereon, or places any false signal upon or along 
the line of any railroad track, or upon any bridge built across any 
navigable stream in this State, or does any act to any engine, machine 
or car of such railroad, with intent that any person or property being 
or passing on or over such railroad, or over or through, or under such 
bridge built across any navigable stream of this State, should be injured 
thereby, shall be imprisoned in the penitentiary not less than one year 
nor more than five years. Or if in consequence of any such act done 
with such intent, any person being or passing on or over such railroad, 
or over through or under such bridge, built across any navigable 
stream of this State, suffers any bodily harm, or any property is in- 
jured, the person so offending, shall be imprisoned in the penitentipry 
not less than three nor more than ten years, and if in consequence 
of any such act, done with such intent, any person is killed, the per- 
son so offending, shall be deemed guilty of murder and punished ac- 
cordingly. 

Approved May 31st, 1879 



KEEPING BOAT FOR PURPOSE OF PROSTITUTION. 
§ 1. Keeping- boat tor purpose of prostitution. 

An Act to amend the Criminal Laws oj the State. Approved May 
3 J, 1879. In force July 1, 1879. 

Section 1. [Keeping boats, etc., for purpose of prostitution.] 
Be it enacted by the People of the State of Illinois, represented in the 
General Assembly, That any person who shall keep a boat or other water 
craft for the purposes of prostitution on any of the navigable waters of 
this State, breakwater or other stream, over or upon which this State has 
jurisdiction, shall be guilty of a felony, and upon conviction thereof, shall 
be confined in the penitentiary for a period of not less than one nor 
more than three years, and shall be fined any sum not exceeding one 
thousand dollars. 

Approved May 31st, 1879. 



120 



DRAINAGE. 



DRAINAGE. 



8 1. Drainage districts. 

§ 2. Petition. 

§ 3. Notice of filing- petition, etc. 

§ 4. Jurisdiction of county courts. 

§ 5. Hearing-— filing's of court — commis- 
sioners. 

| 6. Oath. 

§ 7. Chairman — secretary. 

§ 8. Quorum. 

8 9. Commissioners to examine land— re- 
port. 

§ 10 Dismissal of proceeding's. 

§ 11. Survey, profiles, etc. 

§ 12. Alteration of plans. 

§ 13. Filing report — notice of confirma- 
tion. 

§ 14. Confirmation— review— modification. 

§ 15. Adjournment. 

§ 16. Order of confirmation— jury. 

§ 17. Assessment of damages. 

8 18. Benefits. 

§ 19. Correction of assessments. 

§ 20. Hearing of objections. 

8 21. Proceedings on hearing. 

§ 22. Confirmation of assessment. 

§ 23. Appeal — bond. 

§ 24. Trial on appeal. 

§ 25. Appeal, etc., from county court. 

§ 23. Payment of benefits in installments 

§ 27. Certified copy of assessment. 

8 28. Power of commissioners to contract. 

§ 29. Treasurer— bond. 

§ 30. Duties— term of office. 

§ 31 Interest on installments. 

S 32. Bond of commissioners. 

§ 33. Notice of asssessment. 

8 34. Delinquent assessments —return — 
sale 

§ 35. Payment before sale. 

§ 36. Letting contracts— advertising for 
bids. 

§ 37. Suits, etc.— payment of expenses. 

§ 38. Power to borrow money. 



§39. Payment of damages. 

8 40. Removal of commissioner — filling 
vacancy. 

§ 41. Report by commissioners. 

JS 42. Pay of commissioners. 

§ 43 Petition to be relieved of assess- 
ment. 

§ 44. Entry upon lands. 

§ 45 Assessment book. 

§ 46. Jurisdiction of justices of the peace. 

8 47. Proceedings before justices. 

§ 48. Refusal, etc., to perform duty. 

§ 49. No second tax— allowance for pri- 
vate drains 

§ 50. Commissioners of highways to act. 

8 51. Private drains— petition to cross ad- 
joining lands. . 

§ 52. Notice of hearing petition. 

8 53. Hearing— proof of notice. 

§ 54. Power of commissioners on hearing 
— report. 

8 55. Proceeding to procure right of way. 

8 56. Jury to assess damages— summons to 
owner. 

8 57 Return by constable— continuance. 

§ 58. Trial— verdict. 

8 59. Witnesses— jury may visit land — 
cost . 

8 60. Appeal -bond. 

8 61. Proceedings on appeal. 

8 62. Rights established. 

IN COUNTIES NOT UNDER TOWNSHIP 
ORGANIZATION. 

§ 63. Jurisdiction of county courts. 

8 64. Petition, etc. 

§ 65 Court to appoint viewers— report- 
hearing objections. 

§ 66. Penalty for injury, etc., drains. 

8 67. Liable for damages. 

§ 68. Act construed. 

8 69. Repeal 

§ 70. Emergency. 



DRAINS, DITCHES AND LEVEES, FOR AGRICULTURAL, SANITARY AND MINING 

PURPOSES. 



An Act to provide for the construction, reparation and protection of 
Drains, Ditches and Levees, across the lands of others, for agricul- 
tural, sanitary and mining purposes, and to provide for the organiza- 
tion of Drainage Districts. Approved and in force May 29, 1S79. 

Section 1. [Drainage districts.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That drainage 
districts may be organized and established as hereinafter provided. 

§ 2. [Petition. J Whenever a majority of the owners of lands, 
within a district proposed to be organized, who shall have arrived at 
lawful age, and who represent one-third (^-) in area of the lands to be 
reclaimed or benefitted, desire to construct a drain or drains, ditch or 
ditches, levee or levees or other work, across the lands of others for 
agricultural, sanitary or mining purposes, or to maintain and keep in 
repair any such drain or drains, ditch or ditches, levee or levees here- 
tofore constructed under any law of this State, such owners may 
file, in the county court of any county in which the greater part 



DRAINAGE. 121 



of the lands to be affected by said drain or drains, ditch or ditches, 
levee or levees, or other work proposed to be constructed, maintain- 
ed or repaired, shall lie, a petition signed by a majority of the 
owners of said lands, within said district, proposed to be organized 
as aforesaid, setting forth the proposed name of said drainage 
district, the necessity of the same, with a description of its ov 
their proposed starting points, route and terminus, and a general 
description of the lands proposed to be affected, with the names of 
the owners, when known, and, if the purpose of said owners is the 
repair and maintenance of a ditch or ditches, levee or levees, or other 
work, heretofore constructed under any law of this State, said petition 
shall give a general description of the same, with such particulars as 
may be deemed important and may pray for the organization of a 
drainage district, by the name and boundaries proposed, and for the 
appointment of commissioners for the execution of such proposed work 
according to the provisions of this act. But that nothing in this sec- 
tion shall operate to prevent the organization of any drainage district 
entirely within one county, nor to deprive the county court of such 
county, of its jurisdiction of the subject matter of any petition filed 
in accordance with the provisions of this act. Provided that the lands 
embraced in such drainage district shall be liable for any and all 
damages which may be sustained by any lands lying above such 
drainage district, by the construction of any levee, ditch or drain in 
such district under this act, and the commissioners of any drainage 
district, composed of lands lying next below another drainage district 
organized entirely in one county as aforesaid, shall have power to 
cause the lands lying in such district, entirely within one county, to 
be assessed in the manner prescribed by this act for the assessment of 
benefits to pay all such damages to the lands lying in such lower 
district, and to pay any and all increased costs and expenses of con- 
structing any levee, ditch or drain in such lower district which may 
be necessary to carry off waters flowing from the higher district, and 
such lower district shall have the power to connect its levees, ditches 
or drains with the levees, ditches or drains of such higher district and 
said higher district shall have the power to connect its levees, ditches 
or drains with levees, ditches or drains of such lower district. 

§ 3. [Notice of filing petition', etc.] Such petition being filed, 
the clerk of said county court shall cause three weeks notice of the 
presentation and filing of such petition, to be given by posting notices 
thereof, in at least five of the most public places in said proposed 
district, in which said work is to be done, and also by publishing a 
copy thereof at least once a week for three successive weeks in some 
newspaper or newspapers published in each county, from which any 
part of said district is proposed to be formed. Such notices shall state 
when and in what court said petition was and is filed, the starting 
point, route, termini, and general description of the proposed route, 
the boundaries and name of the proposed drainage district and at what 
term of the said court the petitioners will ask a hearing on such 
petition, and the certificate of said clerk or the affidavits of others 
affixed to a copy of said notices, shall be sufficient evidence of the 
posting and publication of said notices. 



122 DRAINAGE. 



§ 4. [Jurisdiction of county court.] The county court in which 
such petition shall be hied may hear the petition at any probate terra, 
and may determine all matters pertaining thereto under this act, and 
may adjourn the hearing from time to time or continue the case, for 
the want of sufficient notice or other good cause. 

§ 5. [Hearing — findings of court — commissioners.] On the hear- 
ing of any petition hied under the provisions of this chapter all parties 
through or upon whose land any of the proposed work may be con- 
structed, or whose lands may be damaged or benefited thereby, may 
appear and contest the necessity or utility of the proposed work or any 
part thereof, and the contestants and petitioners may offer any compe- 
tent evidence in regard thereto. It shall be the duty of the court to 
hear and determine whether or not the said petition, contains the sig- 
natures of a majority of the owners of lands within said proposed dis- 
trict, who are of lawful age, and who represent one third in area of 
the lands proposed to be affected by such work, and the affidavit of 
any three or more of the signers of said petition, that they have examin- 
ed said petition and are acquainted with the locality of said district, and 
that the said petition is signed by a majority of such owners who are of 
lawful age, who represent at least one-third in area of said land, to be 
so affected may be taken by the court as prima facie evidence of the 
facts therein stated, or the oath or affirmation before said court or the 
the affidavit of any person, properly taken and certified by any person 
or court authorized to take acknowledgments of deeds to real estate 
in this State, giving the age of such party and his or her ownership 
of lands to be named in such oath, affirmation or affidavit, by proper 
description, shall be sufficient evidence to the court of such facts: Pro- 
vided, that all deeds made for the purpose of establishing or defeating 
the prayer of said petition, not made in good faith, and for a valuable 
consideration shall be taken and held to be in fraud of the provisions 
of this act, and the holders thereof shall not be considered as owners 
thereof. If the court after hearing any and all competent evidence that may 
be offered before it for and against the said petition, shall find that the 
same has not been signed by a majority of the land owners as herein- 
before required, the said petition shall be dismissed at the cost of the 
petitioners, but if the court shall find that the petition has been signed 
by land owners constituting such majorities, the court shall so find, 
and such finding shall be conclusive upon the land owners of such 
district, that they have assented to and accepted the provisions of this 
act, and if it shall further appear to the court that the proposed drain 
or drains, ditch or ditches, levee or other works is, or are necessary 
or will be useful for the drainage of the lands proposed to be drained 
thereby for agricultural, sanitary or mining purposes, the court shall 
so find, and appoint three disinterested persons as commissioners to 
lay out and construct such proposed work. In case the lands to be 
drained or leveed shall be situated in different counties, not more than 
two of the commissioners shsll be chosen from any such counties. If 
the court shall find against the petitioners, the petition shall be dis- 
missed at the cost of the petitioners. 

§ 6. [Oath.] Before entering upon the duties of their office, such 
commissioners shall take and subscribe an oath faithfully to discharge 



DRAINAGE. 123 



the duties of their office, without favor or partiality, and to render a 
true account of their doings to the court, by which they are appoint- 
ed, whenever required b}* law or by the order of the court. 

§ 7. [Chairman — secretary.] They shall elect one of their num- 
ber chairman, and may elect one of their number as secretary. 

§ 8. [Quorum.] A majority of the commissioners shall constitute 
a quorum, and a concurrence of a majority of their number in any 
matter within their duties, shall be sufficient. 

§ 9. [Commissioners to examine land — report.] As soon as may 
be after their appointment, or within such time as the court may di- 
rect, the commissioners shall examine the land of the petitioners pro- 
posed to be drained or protected, and the lauds over or upon which 
the work is proposed to be constructed, and determine, 

First. — Whether the starting point, route and terminus of the pro- 
posed work and the proposed location thereof, is or are in all respects 
proper and feasible, and if not, what is or are so. 

/Second. — The probable cost of the proposed work, including all in- 
cidental expenses, and the cost of the proceeding therefor. 

Third. — The probable annual costs of keeping the same in repair 
after the work is completed. 

Fourth. — What lands will be injured thereby, and the probable ag- 
gregate amount of all damages such lands will sustain by reason of 
the laying out and construction of said work. 

Fifth. — What lands will be benefited by the construction of the 
proposed work, and whether the aggregate amount of benefits will 
equal or exceed the cost of constructing such work; including all in- 
cidental expenses, costs of proceeding and damages. 

'Sixth. — Whether the proposed district as set out in the petition filed, 
will embrace all the lauds that may be damaged or benefited by the 
proposed work, and if not to report what additional lands will be so af- 
fected. 

Seventh. — In case the prayer of the petition is for the purpose of 
repairing and maintaining a levee or levees, ditch or ditches, hereto- 
fore constructed under any law of this State, it shall be the duty of 
the commissioners to examine the said levee or levees, ditch or ditches, 
and the lands intended to be reclaimed thereby, and to report to the 
court , 

First. — Whether, in their opinion, said levee or levees, ditch or 
ditches can, with proper repairs, be made sufficient to protect per- 
manently, said lands from overflow from high water, or to drain the 
same. 

Second. — -The probable annual expense of keeping the same in such 
repair. 



124 DRAINAGE. 



Third. — What lands will be benefited thereby, and the probable 
aggregate amount of such benefits. 

Fourth. — Whether the aggregate annual amount of benefits will 
equal or exceed the annual costs of such repairs, including all inci- 
dental expense and costs of the proceeding, and, 

Fifth. — Whether the proposed district will embrace all the lands 
that may be benefited by the maintenance of such levee, or ditch, and 
if not, to report what additional lands will be so affected, which re- 
port shall be filed with the clerk of said court. 

£ 10. [Dismissal of proceedings.] If the commissioners shall 
find that such costs, expenses and damages are more than equal to the 
benefits, there will be bestowed upon the land to be benefited, they 
shall so report, and the proceedings shall be dismissed at the cost of 
the petitioners. 

§ 11. [Surveys, profiles, etc.] If the commissioners shall find 
that the proposed work, or such portion of the same as will be satis- 
factory to the petitioners, can be done at a cost and expense not ex- 
ceeding such benefits, they shall proceed to have the proper surveys, 
profiles, plans and specifications thereof made, and shall report their 
conclusions and a copy of such surveys, profiles, plans and specifications, to 
the court which appointed them. 

§ 12. [Alteration of plans.] The commissioners shall not be 
confined to the point of commencement, route or terminus of the drains 
or ditches, or to the number extent or size of the same, or the loca- 
tion, plan or extent of any levee, ditch or other work to that proposed 
by the petitioners, but shall locate, design, lay out and plan the same 
in such manner as they shall think will drain or protect the petition- 
ers' land with the least damage, and greatest benefit to all lands 
to be effected thereby, and any plans proposed by such commissioners 
may, on the application of any person interested, or of the commis- 
sioners, be altered upon the order of the court, in such manner as 
shall appear to the court to be just. 

§ 13. [Filing report— notice of confirmation.] Upon the re- 
port of the commissioners being filed with the clerk of the court ap- 
pointing such commissioners, he shall cause notice to be given in the 
same manner as is provided in section three of this chapter, which notice 
shall state the time of filing such report, and upon what day application 
will be made for the confirmation of such report, at which time all 
persons interested, may appear and contest the confirmation thereof, 
or show that the same ought to be modified in auy particular, and 
may offer any competent evidence in support thereof. 

§ 14. [Confirmation — review — modification.] If upon the hear- 
ing, the court shall be of opinion that the objections are not well 
taken, or if no objections shall be made, it shall order the confirmation 
thereof. If it shall appear that the same ought to be modified, and 
the court shall be sufficiently informed in the premises, it shall modify 
the same to conform to the equities, in the premises; or if not suffi- 
ciently informed, it shall order the commissioners to review and correct 
their report; and may make specific directions in what respect they 



DRAINAGE. 125 



shall reform their report; and the court may make all necessary orders 
in the premises, either for the continuance of the hearing or other 
lawful purpose. 

§ 15. [Adjournment, j If the report be referred back to the com- 
missioners for amendment, the coin't may fix a day when the commis- 
sioners shall again present their report, in which case the hearing shall 
stand adjourned to that day, and no further notice shall be required 
thereof. If no day shall be fixed for such report, the cause shall be 
continued to the next term of court, when it shall stand for hearing. 

§ 16. [Order of confirmation — jury.] If after hearing all ob- 
jections, if any, to the report of the commissioners, the court shall be 
satisfied that the said report should be approved, the court shall cause 
an order of confirmation of the same to be entered which order may 
be substantially as follows: 

"County court of County Term A. D. IS In 

the matter of the petitions of....... and others. This day the report 

of commissioners heretofore appointed by this court to examine 

the lands of the petitioners for the purposes specified in the petition 
filed in this cause, having been filed, and it appearing to the court 
that due notice has been given to all persons interested, for the length of 
time, and in the manner required by law, of the application to this 
court for the confirmation of said report, and the court having duly 
examined said report and considered all objections to the same — it is 
ordered by the court that the report of said commissioners (or if said 
report has been modified by the court) say "as modified by the court,'''' 
be and the same is hereby confirmed; and the court further finds that 
the work proposed in said petition to be done, will be useful for ag- 
ricultural, sanitary or mining purposes to the owners of lands 
within said proposed district, and the court also finds that the persons 
who have signed said petition, are of lawful age, and are a majority 
of the land owners, and who represents one third in area of the land 
to be affected by such proposed work. And the court further finds 
that said drainage district is duly estarblished as provided by law. 

■ , County Judge." 

And upon entering such order of record, said district is hereby de- 
clared by law to be organized as a drainage district by the name men- 
tioned in said petition, and with the boundaries fixed by the order 
confirming the report of the said commissioners. And said district is 
hereby declared to be a body politic, and corporate by the name men- 
tioned in said petition -as aforesaid, with the right to sue and be sued, 
to adopt and use a corporate seal, and to have perpetual succession; 
and the commissioners appointed as aforesaid and their successors; in 
office shall, from the entry of such order of confirmation, constitute 
the corporate authorities of such drainage district, and shall exercise 
the functions conferred upon them by law. And thereupon the court 
shall empanel a jury of twelve men, having the qualifications of jurors 
in courts of record, who shall be sworn to faithfully and impartially 
perform the duties required of them to the best of their understand- 
ing and judgment, and to make their assessments of damages and 



126 DRAINAGE. 



benefits according to law, or the court may direct that a jury be 
empaneled before a justice of the peace for the assessment of damages 
and benefits, in which case the commissioner may apply to any justice of 
the peace in the county, who shall immediately, without the formality 
of any written application, proceed to summons and empanel a jury 
of twelve men, having the qualifications of jurors as aforesaid, who 
shall be sworn in the same manner as is above provided in case of 
a jury empaneled by the court in which the proceeding is pending, 
and the justice shall enter upon his docket a minute of such proceed- 
ing before him, and the names of the jurors. 

§ 17. [Assessment of damages, etc.] The jurors empaneled as 
aforesaid shall elect one of their number foreman when the proceed- 
ing is for the construction of ditches, drains, or levees, and shall pro- 
ceed to examine the lands to be affected by the proposed work, and 
ascertain, to the best of their ability and judgment the damages and 
benefits which will be sustained by or will accrue to the lands to be 
affected by said proposed work, and shall make out an assessment 
roll in which shall be set down in proper columns the names of owners 
when known, a description of the premises affected, in words or fig 
ures or both, as shall be most convenient, the number of acres in 
each tract, and if damages are allowed, the amount of the same; and 
if benefits are assessed, the amount of the same; and in case 
damages are allowed to, and benefits assessed against the same 
tract of land the balance, if any, shall be carried forward to a separate 
column for damages or benefits, as the case may be. But the amount 
assessed for keeping said levee, or ditch in repair, shall not in the 
aggregate amount to a sum in any one year, greater than would be 
produced by thirty cents per acre on all the lands so assessed. In 
case the petition shall set out that a levee or ditch, has been made 
under any law of this State, and prays for assessment to repair and 
keep in repair said levee or ditch, in the future, the jury shall assess 
the benefits which said lands will sustain by repairing said levee, or 
ditch, and also the annual amount of benefits which said lands will 
sustain by keeping said levee, or ditch, in repair thereafter. And in 
such case, no other or different assessments shall be made by the jury, 
but in all other respects the jury shall comply with the provisions of 
this act, so far as the same, may be applicable thereto. 

§ 18. [Benefits.] In making such assessment, the jury shall award 
and assess the damages and benefits in favor of and against each tract 
separately, in the proportion in which such tract of land will be 
damaged or benefited; and in no case shall any tract of land be as- 
sessed for benefits in a greater amount than its proportionate share of 
the estimated cost of the work and expenses of the proceeding, nor 
in a greater amount than it will be benefited by the proposed work, 
according to the best judgment of the jury. 

§ 19. [Correction of Assessment and Notice.] When the jury 
shall have completed their assessment of damages and benefits, they 
shall fix a time and place, when and where they will attend, in case 
the jury was empaneled by the court in which the petition was filed, 
before the same court at some regular term thereafter, or if the jury 



Drainage. 12*7 



was empaneled by some justice of the peace, then before the same 
justice, if still in office, and if not before his successor or any other 
justice they may select for the coi*rection of their assessment, and the 
commissioners or the jury shall give at least ten days notice of such 
time and place, and object of such meeting, by posting and publishing 
notices as required in section three of this chapter, prior to the time 
so fixed. The affidavit of any creditable person or persons, that he or 
they has or have posted such notices as herein required, and the cer- 
tificate of the publishers of such newspaper, as to such publication 
shall be sufficient evidence of such facts. 

§ 20. [Hearing objections.] The jury shall appear at the time 
and place appointed, and shall hear all objections that may be there 
and then made by the owners of any lands which may be allowed 
damages or assessed for benefits, or by the commissioners, to the al- 
lowance of damages to, or assessments of benefits against any tract of 
land, and shall make such corrections as shall seem to them just, and 
shall adjust such assessment so as to make the same just and equit- 
able. 

§ 21. [Proceedings on hearing.] At such hearing, if in the 
county court the court may compel the attendance of witnesses, and 
in case any juror empaneled, shall fail to appear, may attach him for 
contempt or may empanel another in his stead, and may at any time 
during the proceedings in considering or making their assessment, em- 
panel one or more jurors in the place of any juror who may fail from 
any cause or refusal to act, and administer to such jurors the oath 
required in section sixteen (16) of this act. And if such hearing shall 
be before the justice of the peace he shall preside and enforce order 
as in other cases before justices of the peace and shall have like power 
as in this section conferred upon the county courts. 

§ 22. [Confirmation of assessment.] If no objection shall be 
made to the assessment at the time and place appointed to hear 
objections, or when found correct, or when corrected upon hearing, 
the jury shall confirm such assessment, which shall be certified by the 
foreman of the jury and delivered to the commissioners, who shall re- 
turn the same to that court in which the said petition has been filed, 
within ten days from such confirmation, and the same shall stand for 
hearing at the next term thereafter, if the same has been filed ten 
days before such term; or for good cause may be continued; but if 
not filed ten days before such term, shall stand continued to the next 
term. 

§ 23. [Appeal bond.] The commissioners, or any person who shall 
have made objections to such assessment may appeal from the finding 
of the jury, to the court in which the assessment is returned within 
ten days after the same shall be filed in said court, by filing with the 
clerk of said court his or their bond, payable to the opposite pai'ty, 
with such security, and in such amount, as shall be approved by 
the clerk, conditioned to pay all costs that may accrue by reason of 
such appeal, and if the appeal is by an owner of land assessed for 
benefits, to pay such an amount as may be found against him on ac- 
count of benefits to his land by reason of such work. 



128 DRAINAGE. 



§ 24. [Trial on Appeal.] The trial upon appeal may be in the 
same manner as other appeals from justices of the peace, and in case 
the assessment of damages or benefits shall be changed from that re- 
turned to the court, the court shall cause the assessment roll to be 
amended to conform thereto. 

§ 25. [Appeal etc., from county, court.] When the assessment 
roll shall have been corrected as aforesaid, or in case no correction 
shall be required to be made, the court shall confirm the same and 
cause it to be spread upon the records, and appeals or writs of error 
shall be allowed therefrom, as in cases of appeals from and writs of 
error to the county courts in proceedings for the sale of lands for taxes 
or special assessments, and provided that the granting of an appeal in 
one or more cases or to one or more persons shall not operate to defer 
the confirmation of said report in other cases, but the courts may pro- 
ceed to confirm said reports as to all lands where no appeal is taken, 
and in all appeals taken from the confirmation made by the county court, 
if the judgment of the county court shall be affirmed, or if upon such cause 
being remanded for a new trial, the judgment of said court shall be 
in favor of said commissioners, the county court shall order the judg- 
ment so rendered to be made a part of said confirmed report, and 
the assessments of benefits or damages so found shall be extended on 
said report and the same shall become a part thereof. 

§ 26. [Payments of benefits in installments.] At the time of 
confirming such assessment, it shall be competent for the court to or- 
der the assessment of benefits to be paid in installments of such 
amounts, and at such times as will be convenient for the accomplish- 
ment of the proposed work; otherwise the whole amount of such as- 
sessment shall be payable immediately upon such confirmation, and 
shall be a lien upon the lands assessed, until paid. But in cases where 
a levee or ditch, has been heretofore built under any law of this State, 
or may be hereafter built under the provisions of this act, the annual 
assessments for keeping the same in repair, shall be due and payable 
on the 1st day of September, annually, and shall be a lien on the 
lands upon which said assessments are made, from and after the con- 
firmation of the report. The court in which such proceedings are had 
shall require from said commissioners a report of the condition of the 
levee or ditch at its July term, of each year, together with their 
estimate of the amount necessary to keep the levee or ditch in repair 
and pay all incidental and necessary expenses for the ensuing year, 
and if the court shall find that a less amount will be required for 
such ensuing year, than the whole amount of the assessment for that 
year, then the court shall, by an order, fix the amount to be paid for 
such year, and only that amount shall be collected, and the excess of 
such assessment over and above the amount so fixed by said order for 
said year, shall be remitted by law, and shall not thereafter be col- 
lected. Provided, the amount to be collected under the order of said 
court, shall not, in the aggregate, amount in any one year to a snm 
greater than would be produced by a levy of 30 cents per, acre on all 
the lands within said district. 

§ 27. [Certified copy of assessment delivered to commissioners.] 
Immediately after the entry of such confirmation by the court, the 



DRAINAGE. 129 



clerk shall make out and certify to the commissioners a copy of such 
assessment roll, and shall so make out and deliver to the commissioners 
separate copies of the same, pertaining to the lands situated in the 
different counties, which shall be recorded in the recorders office of 
the respective counties, in which the lands are situated, and shall he 
notice of the lien thereof to all persons. 

§ 28. [.Power of commissioners to contract.] Upon the organiza- 
tion of said drainage district the commissioners so appointed, shall 
from thenceforth, have power to contract and be contracted with, sue 
and be sued, plead and be impleaded, and to do and perform, in the 
corporate name of said district, all such acts and things as may be 
necessary for the accomplishment of the purposes of this act. 

§ 29. [Treasurer — bond.] The commissioners shall, after the con- 
firmation of said assessment roll and before any collections shall have 
been made by them, appoint a treasurer who shall not be one of their 
numbei, who shall execute a bond to the people of the State of Illinois 
for the use of all persons interested, in a sum of not less than twice 
the amount of assessments that may be levied for one year, with such 
sureties as may be approved of by the judge of said court, conditioned 
for the faithful performance of his duties as treasurer of said drainage 
district, and that he will safely and faithfully account for all money 
that by virtue of his said office, shall come to his hands. Which said 
bond when approved by the court shall be kept and preserved by said 
commissioners, and suits may be maintained upon the same by them 
upon any breach of its conditions. 

§ 30. [Duties — term of office.] It shall be the duty of said 
treasurer to keep proper books to be furnished him by the commission- 
ers, in which he shall keep an accurate account of all moneys received 
by him, and of all disbursements of the same; he shall pay out no 
money, except upon the order of a majority of the commissioners, and 
shall carefully preserve on file all orders for the payment of money 
given him by the commissioners, and shall turn over all books, papers, 
vouchers, moneys, and other property belonging to and in his hands, 
as such treasurer, to his successor in office. His term of office shall 
be two years, but he may be at any time removed by the court upon 
petition of a majority of the commissioners, or for good cause shown. 

§ 31. [Interest on installments.] In case the assessments for 
benefits shall be payable in installments, such installments, shall draw 
interest at the rate of 8 per cent, per annum, from the time they shall 
become payable till they are paid, and such interest may be collected 
and enforced as part of the assessment. 

§ 32. [Bond of commissioners.] The Commissioners appointed by 
virtue of this chapter shall not collect or receive any money for the 
purposes therein specified, until they shall have given bond payable to 
the people of the State of Illinois, for the use of all persons interested, 
in a sum not -less than twice the amount of the assessment for bene- 
fits, payable in any one year, with such security as shall be approved 
by the Judge of the Court, conditioned for the faithful application of 
all moneys that may be received by them as such Commissioners, and 



130 bRAINAGl. 



to make due account thereof to the Court whenever required, which 
bond shall be filed in the Court in which the proceedings are had. 
The Court may require additional bond from time to time, or the 
Commissioners may if they choose appoint one of their number collector 
of assessments, who before entering upon the collection of such assess- 
ments shall give bond as in this section mentioned, and who after 
giving such bond may make such collections and give receipts for the 
same; and all money that may come to the hands of said Commission- 
ers or their said collector, shall at once be paid over to. their treasur- 
er, and disbursements shall be made by order of the Commissioners, 
drawn upon their said treasurer, in no other manner. 

§ 33. [Notice of assessment.] The Commissioners upon receiving 
such certified copy of such assessment roll, shall immediately cause a 
notice to be published for three weeks in the manner required in 
section three (3) of this act, in substance as follows: 

Notice of Drainage Assessment. — Notice is hereby given to all per- 
sons interested, that an assessment is now due for drainage purposes 

for the year A. D. 18. . . ., upon lands lying within the 

drainage district, in the county of , and State of Illinois, and 

that the same must be paid to the undersigned commissioners of said 

drainage district on or before the day of , A. D. 18. ., and 

that in default of such payment, the several tracts of lands upon 
which such assessments remain unpaid, will be sold according to law 
to pay the amount of such assessments and costs. 



Commissioners of Drainage District. 

§ 34. [Delinquent assessments — return — sale.] If the assess- 
ment due upon said lands shall not be paid on or before the day 
named in the notice given as in section 38 of this act, it shall be the 
duty of said commissioners, if they have not appointed a collector as 
aforesaid, and if so, then of said collector to make out a certified list 
of such delinquent lands upon which the assessments remain unpaid, 
and the same shall be by him or them, on or before the tenth (10th) 
day of March next after the same have become payable, returned to 
the county collector of the county or counties in which such lands 
shall lie, and when the same shall lie in different counties, a separate 
return shall be made for each county of the delinquent lands therein, 
and it shall be the duty of the collector to whom any such return 
has been made to transfer the amounts thereof from such returns to 
the tax books in his hands, setting down therein opposite the respec- 
tive tracts or lots, in proper columns prepared for that purpose, the 
amount assessed against each lot, and the like proceeding shall be had 
and with the like force and effect in the collection of such delinquent 
assessments, and the sale of said lands for non-payment thereof, as in 
ordinary collections of State and county taxes by county collectors, 
and of sales of real estate by them for such non-payment and of 
redemptions from such sales. 

§ 35. [Payment before sale.] Notwithstanding the returns of 
such delinquent list the said commissioners or their collector, shall be 
authorized to receive payment of any such delinquent assessments and 



DRAIN AGfi. lSi 



costs, and may give receipts for the same, but shall keep a memo- 
randum of the same, and on or before the day of sales fixed by said 
county collector for the sale of such lands, shall present said memo- 
randum or list, to said county collector or collectors, for the purpose 
of having the same checked or marked paid on the delinquent list in 
his hands, and all amounts collected by the said county collector, by 
sales or otherwise, after deduction of his fees, shall be paid to the 
commissioners on demand. 

§ 36. [Letting contracts — advertising for bids J The commis- 
sioners, when qualified in pursuance of this act, may do any and all 
acts that may be necessary in and about the surveying, laying out, 
constructing, repairing, altering, enlarging, cleaning, protecting and 
maintaining any drain, ditch, levee or other work for which they 
shall have been appointed, including all necessary bridges, crossings, 
embankments, protections, dams, and side drains, clearing out and re- 
moving of obstructions from natural or artificial channels or streams 
within or beyond the limits of the drainage district, procuring or pur- 
chasing riparian rights and water powers, by agreement with the 
owners thereof, and may use any money in their hands arising from 
assessments for that purpose: Provided, that in all cases where the 
work to be done is the construction of the principal work, the cost of 
which will exceed five hundred dollars, the same shall be let to the 
lowest responsible bidder, and the said commissioners shall advertise for 
sealed bids by notice published in some newspaper issued in the 
county in which the petition is filed, and if there be no newspaper 
issued or published in said county, then in the next nearest news- 
paper; which said notice. shall particularly set out the time and place, 
when and where, the said sealed bids will be opened; the kind of 
work to be let, and the terms of payment. Said commissioners may 
continue the letting from time to time, if in their judgment the same 
shall be necessary, and may reserve the right to reject any and all 
bids. And said commissioners shall not, during their term of office, 
be interested directly or indirectly in any contract for the construction 
of any ditch, drain or levee, in such drainage district, nor in the 
wages of or supplies to men or teams employed on any such work in 
said district. Provided, further, that no levee, drain, ditch, or other 
work authorized to be constructed or made, under this act, shall be 
constructed or made in such a manner, as to destroy or impair the 
usefulness or prevent the public use of any bay or harbor, or body of 
water used as a harbor, connected with any navigable stream. 

§ 37. [Suits, etc. — payment of expenses.] Said commissioners 
may use money arising from the collections of assessments, for the 
purpose of compromising suits and controversies arising under this act, 
and in the employment of all necessary agents, and attorneys, in the 
prosecution or defense of said operations. Provided, that said com- 
missioners shall only use money under the provisions of this section, 
by the direction and approval of the county court. 

§ 38. [Power to borrow money.] The commissioners may borrow 
money not exceeding in amount, the amount of assessment unpaid at 
the time of borrowing, for the construction of any work which they 



I3 f 2 



DRAINAGE. 



shall be authorized to construct, and may secure the same by notes 
or bonds bearing interest at the rate not exceeding six per cent, per 
annum, and not running beyond one year after the last assessment on 
account of which the money is borrowed, shall fall due, which notes 
or bonds shall not be held to make the commissioners personally liable 
for the money borrowed, but shall constitute a lien upon the assess- 
ment for the re-payment of the principal and interest thereof. 

§ 39. [Payment op damages.] All damages over and above the 
benefits to any tract of land, shall be payable out of the amounts 
assessed against other lands for benefits, and shall be paid or tendered 
to the owners thereof, before the Commissioners shall be authorized to 
enter upon his land for the construction of any work thereupon. In 
case the owner is unknown, or there shall be a contest in regard to the 
ownership of the land or, the Commissioners cannot, for any reason, 
safely pay the same to the owner, they may deposit the same with 
the Clerk of the Court, and the Court may order the payment thereof 
to such party as shall appear to be entitled to the same. 

§ 40. [Removal of commissioner — pilling vacancy.] The Court 
may, at any time, remove any Commissioner appointed by it, and ap- 
point another in his place, and may fill all vacancies caused by death, 
resignation, removal or otherwise, and may appoint a new commis- 
sioner, or authorize the Commissioners appointed to repair or cleanse 
any work, ditch or drain, that shall have been constructed. 

§ 41. [Report of commissioners.] The commissioners shall, as 
often as once in each year after their appointment, and as much oftener 
as the court shall require, make a report to the court by which they 
were appointed, showing the amount of money by them collected, and 
the manner in which the same is being done. 

§ 42. [Pay of commissioners.] The Commissioners shall re- 
ceive for their services the sum of two dollars per day, for each day 
they shall be actually engaged in the business of their appointments, 
such amount to be audited at least once a year by said county court, 
and certified to by said court to their treasurer, to be paid by him. 
They shall fix the compensation of said treasurer, and of all other 
servants and agents; and the clerk of the county court shall receive 
for his services hereunder, such fees as are by law allowed for simi- 
lar services in that court. 

§ 43. [Petition to be relieved of assessment.] Whenever a 
petition shall be presented to said court by the owners of any tract 
of land within said district, setting forth that the same or any part 
thereof, has been erroneously assessed for benefits, for the reason that 
the same is not subject to overflow, or has never been overflowed by 
the highest waters known, and praying that the said lands in whole 
or part may be released from the assessments made, or to be made 
in future, the court may after ten days notice of the filing of such 
petition being given to the commissioners, at any term of said court, 
proceed to hear said application, granting such continuances as may be 
right and proper, and if the court shall find upon issue joined, that 
any part of the land named in said petition, has never been overflowed 



DRAINAGE. 133 



by the highest water known from the stream against which the levee 
in question has been constructed, may by order to be entered of re- 
cord, amend the assessment roll returned by the jury in conformity 
to the facts found, and such part shall thereafter be discharged 
from all other assessments, and the clerk shall immediately cause a 
copy of such order to be delivered to the commissioners, that the 
copy of the assessment roll in their hands, may be made to conform 
to such order — Provided, That said petition shall be filed within one 
year after the confirmation of the assessment and not thereafter. 

§ 44. [Entry upon lands.] The commissioners from the time of 
their appointment may go upon the lands lying within said district 
for the purpose of examining the same, and making plans, plats and 
surveys, and after the organization of said district, and payment or tender 
of compensation allowed, may go upon said lands, with their servants, 
teams, tools, instruments or other equipments, for the purpose of con- 
structing such proposed work, and may forever thereafter enter upon 
said lands as aforesaid, for the purpose of maintaining or repairing 
such proposed work, doing no more damage than the necessity of the 
occasion may require; and the like license and authority is hereby given 
to the commissioners of highways in all cases, where they may be authorized 
to perform similar duties under this act. 

§ 45. [Assessment book.] When an assessment has been made 
as provided in the preceeding sections, and annually thereafter, it shall 
be the duty of the commissioners to provide suitable books, with 
proper headings and columns, in which shall be inserted, according 
to township and range the several tracts of lands against which assess- 
ments are to be carried out, the names of the owners, if known, the 
number of acres to be assessed, the total amounts of assessments, 
and for what year, and a column for payments, and if any assessments 
shall remain due and unpaid after the time mentioned in the notices 
to be given as provided in section 33 of this act, it shall be the duty 
of said commissioners, or of the persons appointed by them collector 
as aforesaid, to make a list of the lands upon which such assessment 
has not been paid, and deliver such list or lists to the county collector 
of each county, in which such lands may respectively lie, to be by 
him collected as heretofore provided. 

§ 46. [Jurisdiction of justices of the peace.] When the cost 
of any proposed drain, ditch, levee or other work authorized by this 
chapter to be done will not exceed the sum of five thousand dollars, 
and will not extend through or into more than three congressional 
townships, the petition may if the petitioners shall so elect, be tiled 
with a justice of the peace in the county where the land to be affec- 
ted, or the major part thereof, is situated; and all the proceedings au- 
thorized by this chapter to be had in the county court, in cases where 
the petition is filed in such court may be had before such justice of 
the peace, and the assessment of damages and benefits, shall be con- 
ducted before such justice in the same manner, as near as may be, as 
in cases commenced by petition before such county court. And ap- 
peals may be taken from the final judgment of the justice of the peace 
to the county court within the same time, and in the same manner 



134 DRAINAGE. 



as appeals may be taken from the findings of the jury in eases com- 
menced in the county court, and the assessment of benefits may be 
collected and enforced as in such cases before the county court. 

§ 47. [Proceedings before justice.] When the proceedings shall 
be had before a justice of the peace, the justice shall direct the com- 
missioner of highways of the town or township, or in case the drain, 
ditch or other work shall be located in several towns or townships, 
the commissioners of the several townships, as a joint board, or at the 
election of the petitioners the justice of the peace may 'appoint one 
or more commissioners, not exceeding three, to lay out and construct 
such work, and perform the duties required of commissioneis appointed 
under this chapter; and such commissioners of highways, or commis- 
sioner or commissioners so appointed as aforesaid, shall have all the 
power and authority and may perform all acts and shall discharge all 
the duties imposed upon or required of commissioners appointed by the 
county court; and the said commissioner or commissioners, so appointed 
by the justice of the peace as aforesaid, shall receive for their services, 
the same compensation as is herein provided to be paid to commis- 
sioners appointed by the county court. 

§ 48. [Refusal, etc., to perform duty. | If any commissioner of 
highways shall refuse or neglect to discharge any of the duties imposed 
upon him, by virtue of this act, he shall, for every such refusal or 
neglect, be liable to any party aggrieved, for all damages sustained by 
him, and upon conviction, may be fined in any sum not exceeding one 
hundred dollars, and be removed from his office. 

§ 49. [No second tax — allowance for private drains, etc. — 
assessment against railroads, etc. J When a ditch or drain has 
been located under the provisions of this act, of sufficient capacity to 
carry off the water that flows to it, and also to properly drain the 
land taxed for the construction of the same, such lands shall not be 
again taxed or assessed for the benefit of improving any lands lying 
above the lands taxed for the construction thereof; and in all cases 
where any such ditch empties into any lower ditch above described, 
for the benefit of lands lying above the lower ditch, the commissioners 
under the direction of the court, shall levy a sufficient tax on such 
land benefited by the new ditch, to enlarge such lower ditch so as to 
confine the water to the same level that it originally had before an 
additional amount of water emptied into such lower ditch, for the 
benefit of lands lying above the lower ditch. Whenever it shall appear to 
the jury that a drain, ditch, levee or other work has been in whole or 
in part constructed by voluntary effort of the owners thereof, for the 
purpose of draining or protecting any land to be affected by the work 
proposed under this act, and said work shall be found to be of benefit 
to such lands, and that any of the lands to be benefited by the said 
work, have borne any part of the expense of such work so voluntarily 
done, the jury may allow to the owners of such land, and deduct 
from the assessment which they may make against the same, the amount 
of the expense of such work so borne by such lands, or such part 
thereof as will make an equality of burdens and benefits, as between 
the several owners of lands benefited. When a ditch, drain or levee 



DRAINAGE. 135 



established under this act, drains or levees either in whole or in part, 
any public or corporate road or railroad so as to benefit any of such 
roads, so that the road bed or traveled track of such road will be im- 
proved by the construction of said ditch, drain or levee, the commis- 
sioners shall apportion to the county, state, or free turnpike road to 
the township — if a township road — to the company if a corporate road 
or railroad such portions of the cost and expenses thereof, as to private 
individuals, and require them to pay such cost and perform such labor 
in like manner as individuals, and in case there is a disagreement 
of such assessments the same must be determined by the courts as in 
other cases. 

§ 50. [Commissioners of highways to act. J The commissioners 
of highways shall have power to locate and establish drains to be con- 
structed and maintained at the cost of parties petitioning therefor, as 
hereinafter provided, and for the purpose aforesaid, said commissioners 
shall be ex-officio drainage commissioners within their respective dis- 
tricts, but in all their proceedings hereunder, they may act by their 
official title, "Commissioner of Highways." 

§ 51. [Private drain — petition to cross adjoining land.] 
Whenever the owner, or owners of any lands or lots at his or their 
own cost, shall desire to locate and construct a drain leading from 
lands or lots owned by them severally or jointly, or shall desire per- 
manently to establish any drain, which may have been heretofore lo- 
cated and constructed, or which may hereafter be located and con- 
structed, and which said drain or drains, so desired to be located or 
established, shall lead across or upon the land of another person or 
persons, and such owner or owners so desiring to construct or estab- 
lish such drain, cannot obtain the consent of the owner or owners of 
said land, across or upon which drain is sought to be located, or, if 
already constructed, sought to be established as a permanent drain to 
the location and construction, or establishment of such drain, such 
owner or owners m*ay petition the commissioners of highways of the 
town, in writing, which said petition shall set forth a description of 
the premises, or land or lands, across or upon which said drain is 
proposed to be located or established, the names of the owners, if 
known, of the lands, and if not known, it shall be so stated, across or 
upon which said drain is to pass or does pass, the points at or near 
which it is to commence or enter upon said lands, or does so enter 
or commence, its general course and distance, and the place at or 
near which it is to terminate on, or pass from said lands, or does so 
terminate or pass from said lands. Said petition shall also set forth 
whether said drain is to be constructed or established as an open ditch 
or a covered boxed or tile drain. If an open ditch, the width shall be 
specified. 

§ 52. [Notice of hearing petition.] Whenever the Commission- 
ers of Highways shall receive any such petition, they shall fix upon 
a time when and where they will meet to examine the location and 
route of such drain, and to hear reasons for or against the loca- 
tion, construction or establishment of the same, and they shall give 
at least ten days notice of the time and place of such meeting by 



136 DRAINAGE. 



posting up notices thereof, in three of the most public places in the 
vicinity of said drain, so proposed to be located or established. If 
there shall be an occupant residing upon the land, such occupant shall 
have notice thereof by leaving a copy of such notice at his place of 
residence, with such occupant or any member of his family, at least 
three days before the time of said meeting. 

§ 53. [Hearing — proof of notice.] The commissioners, or any 
of them who may meet, may, by public announcement, and by the 
posting of a notice at the time and place named for the first meeting, 
adjourn the meeting from time to time, but not for a longer period 
than ten days in all; and shall, at such first or such adjourned meet- 
ing within ten days, the notices, herein required, having been given, 
and all reasons for and against the said drain having been heard and 
considered, decide and publicly announce whether they will grant or 
refuse the prayer of the petitioner, and shall indorse upon or annex 
to the petition a brief memorandum of such decision, to be signed by 
the commissioners; and they shall file the said petition with their de- 
termination thereon, in the office of the town clerk within five days 
thereafter; the posting of any notice required by this act may be proved 
by the affidavit of the person posting the same, or by other legal 
evidence. 

§ 54. [Power of commissioners of hearing — report.] The com- 
missioners, in considering their action, under said petition, shall con- 
sider whether any change of the beginning point, route or terminus 
of said dram, across or upon the lands aforesaid, and viewed by them, 
or change of the construction thereof, from an open to a covered drain, 
or the reverse, would be preferable to that prayed for in the petition, 
and if they decide that such change would be preferable, and would 
be for the advantage of the parties interested, they shall have power 
to make such alterations, either in the location, route or terminus of 
said drain, or of the mode of its construction, or width thereof, and 
if they decide to grant the prayer of the petitioners 'for the drain, as 
they may so alter or change the same, they shall specify either on 
the back of said petition or some paper to be annexed thereto and 
signed by them, what alterations or changes they have made in the 
location, route, width or mode of constructing said drain, and that as 
altered and changed by them, they have located or established, as the 
case may be, the said drain, and return their determination and de- 
cision as provided in the proceeding section. Whether said drain be 
approved as prayed, or be approved as changed, by the commissioners, 
they shall accompany their report and order touching the same, with 
a survey and plat thereof as approved and located. The return so 
made shall be held to be an order locating or establishing the said 
drain, and, with the petitions thereon, shall be recorded by the town 
clerk, and the record so made shall be evidence thereafter that all pre- 
liminary requirements thereto were duly performed. 

§ 55. [Proceedings to procure right of way.] If the petitioner 
or petitioners shall desire to construct or establish the drain as finally 
approved of and decided by the said highway commissioners, and shall 
be unable to obtain the consent of the owner or owners of the land 



DRAINAGE. 13 V 



across or upon which said drain may have been located, as established 
as aforesaid, to the location and establishment thereof as approved by 
said commissioners of highways, and shall be unable to obtain a re- 
lease of damages by reason of the location and construction thereof, 
or to agree with said owner in respect of the damages, such petitioner 
or petitioners may, at any time within twelve months from the time 
of filing the determination of the highway commissioners in the town 
clerks office, file with any justice of the peace of the township in 
which such lands are situated, a copy of the record from the town 
clerks office, containing the petition for such drain, and the decision 
of the highway commissioners thereon, and shall also file an affidavit 
setting forth the name or names of the owner or owners of the lands, 
if known, and if unknown stating the fact, across or upon which said 
drain is to be located or established, and stating whether said owner 
or owners or any of them, and which of them, are residents of the 
county, if known to be such residents. 

§ 56. [Jury to assess damages — summons, etc., to owner.] Upon 
the filing of such affidavit and copy of record as aforesaid, it shall be 
the duty of said justice to issue a summons for a jury, to any con- 
stable of said county directing him to summons twelve men, having 
the qualifications of jurors, to appear before him at such time and 
place as may be designated, to assess, the damages, if any, which the 
owner or owners of the land will sustain, describing the land upon or 
across which said drain is located, by reason of the location and con- 
struction, or the establishment of a drain thereon, as determined by the 
highway commissionei's of said town, and said summons shall also con- 
tain a clause directing the constable to summon such person or per- 
sons as are named in said affidavit as resident owners in the county, 
to appear at the time and place aforesaid. Such summons shall be 
served by the constable upon the person or persons named as owners in 
said affidavit, at least three days before the time of trial fixed therein; if it 
shall appear that any of said owners are unknown or non-resident, said 
justice of the peace shall, at the same time, make out a general notice, 
in writing, addressed to all persons interested, which shall set forth 
that the commissioners of highways of said town have located or es- 
tablished, as the case may be, a drain upon the lands, describing the 
lands, and that the damages, if any, occasioned thereby, to the owner 
or owners of said lands, will be assessed by a jury before said justice 
of the peace, at the time and place fixed by said justice in the sum- 
mons, naming the time and place, when and where any owner of said 
land, or person interested therein, can attend and make defense there- 
in. Three copies of the notice aforesaid shall be delivered by the 
justice to the constable to whom the summons aforesaid shall have 
been delivered, and the copies aforesaid shall be posted by the con- 
stable, in three of the most public places in the neighborhood of said 
drain. 

§ 57. [Return by constable — continuance.] The said constable 
at the time he makes return of the summons so delivered to him, 
shall also return the original of the notice delivered to him, by the 
Justice, of which, copies were to be posted as directed and shall make a 
return thereon, certifying when and where said notices were posted by 



138 DRAINAGE. 



him; and unless it shall appear therefrom that said notices were posted 
for at least five (5) days before the time fixed for said trial, said Jus- 
tice shall continue the trial until five (5) days shall have elapsed from 
the posting of said notices, and the justice shall make an order continu- 
ing the case. If it shall appear by the return of the Constable, on 
the day of trial, that all resident owners have been served as required, 
and there shall appear to be no unknown or non-resident owners, or if 
there be unknown or non-resident owners and it shall, by the return of 
the Constable appear that they have been notified as required by the 
posting of notices as required, then the Justice shall empanel a jury 
who shall proceed to assess the damages, if any, to the owners, oc- 
casioned by such drain. But unless such summons shall have been 
served as required, or said notices shall have been posted as required, 
in case there be non-residents or unknown owners, then said Justice 
shall continue the case to a future day fixed, of which the owners 
respectively, so required to be notified, shall have notice in the man- 
ner before required, and said justice, for any good reason, may continue 
said cause from time to time until there shall have been a final trial 
and verdict in the cause. 

§ 58. [Trial — verdict.] At the time fixed by the justice for the 
trial of said cause, either originally or at any adjournment of said 
trial, if it shall appear that the owners have been notified or summoned, 
as required herein, the justice shall empanel a jury, Avho shall be 
sworn or affirmed by such justice, faithfully and impartially to assess 
the damage occasioned the owner or owners of said land or lands, by 
reason of the drain aforesaid, over and above benefits to the owner 
or owners thereof, according to their best judgment and understanding. 
The jury in considering of the damages, shall also take into considera- 
tion any benefits directly resulting to such owners, whose damages are 
to be assessed from the construction oi establishment of such drain. 
If they find such benefits equal to or exceeding the damages, they 
shall return their verdict accordingly. If they find the damages ex- 
ceed the benefits, they shall return as their verdict of damages the 
amount of such excess only as damages. 

§ 59. [Witnesses — jury may visit land — costs. J All parties in 
interest may appear before such justice and jury, and have process of 
subpoena to summon witnesses, and said jury shall hear such lawful 
evidence touching the question of said damages as may be presented 
to them, and at the request of the owner or owners of the land, or of 
the petitioner or petitioners for said drain, shall visit and examine the 
proposed drain, and the lands to be affected thereby; and they shall 
make a written verdict specifying what damages, if any, the owner, or 
each owner, as the case may be, shall recover and return the same to 
the justice, to be by him entered on his docket in the nature of a 
judgment, to be paid by such petitioner or petitioners, together with 
all costs of suit, before said petitioners shall enter upon the construc- 
tion of said drain, or, in the case of an existing drain, before any 
right in said drain shall be considered as established. The costs of 
said proceeding shall be paid by the petitioners and an execution may 
issue therefor; but the justice shall not tax as costs against the peti- 
tioners, the costs of witnesses, or the costs of their service by the 



DRAINAGE. 139 



officer, when he shall deem their testimony to have been unnecessary. 
The party making such unnecessary costs shall pay the same; and a 
fee bill may be issued by such justice to collect the same. 

§ 60. [Appeal — bond.] Either party to said proceedings, may 
appeal from the verdict and judgment so rendered, to the county court 
within twenty (20) days thereafter, upon giving bond and security to 
the opposite party to be approved by the justice, in a penalty sufficient 
to cover all costs, and which shall be conditioned to pay all costs of 
said appeal in the county court in case of the affirmance of said 
verdict and judgment in said court, oil the dismissal of said appeal. 
The practice in regard to such appeals shall be the same as in ordinary 
cases of appeal from justices to the circuit or county court. The 
judgments of the court oil the trial or dismissal of said appeal, shall 
have the same force and effect as judgments in other cases. 

§ 61. [Proceedings on appeal.] If said appeal shall be dismissed, 
or if upon the trial thereof the verdict and judgment before the jus- 
tice shall be affirmed, the party appealing shall pay all costs of said 
appeal, but if upon the trial of said appeal the verdict and judgment 
before the justice should not be sustained, the party appealing shall 
recover the costs of said appeal. Provided however that in case of 
the partial reversal only of the verdict and judgment below, the court 
shall have power to apportion the costs of the appeal between the 
the parties and to direct how the said costs shall be taxed. 

§ 62. [Rights established.] The petitioner or petitioners upon 
payment of the damages, as finally assessed, and of such costs, as he 
or they may be required to pay, or if no damages shall be assessed, 
then upon payment of such costs only as he or they may be required 
to pay, shall have the right to construct and maintain, or maintain, 
as the case may be, the drain as located by the highway cornrnissio tiers, 
upon or across the lands specified, and shall have right of entry upon 
said lands for the purpose aforesaid, and the right in perpetuity there- 
after, to enter upon said lands at all proper times and seasons, for 
the purpose of repairing, cleansing, opening or deepening the said 
drain, doing as little damage to the owner or owners as practicable, 
ind the rights aforesaid, and to the maintenance of the casement of 
said drain, shall pass to the heirs and assigns of such petitioner or 
petitioners, who may successively become the owner or owners of 
the land or lands, for the benefit or drainage of which said drain may 
have been constructed or established, as the case may be. 

IN COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 

§ 63. [Jurisdiction of county courts.] In counties not under 
township organization, the county courts shall have jurisdiction and 
power to locate and establish drains, which are to be constructed at 
the cost of the parties petitioning for the same. 

§ 64. [Petitions, etc] The proceedings on the part of owners of 
lands or lots desiring to locate and construct, or to establish any drain 
already constructed upon or across the lands of others, with respect 
to the petitioning and giving notice, shall be the same as in counties 
under township organization, except that the petition shall be addressed 
to the county judge. 



110 DRAINAGE. 



§ 65. [Court to appoint viewers — report — hearing objec- 
tions.] When the petition shall be presented to the county judge, 
with proof of notice having been given, or seiwed, as required in cases 
arising under township organization, if the county judge, after hearing 
objections to such petition, if any, shall think objections to said peti- 
tion untenable, he shall appoint three disinterested freeholders to view 
the ground, location and route of said proposed or existing drain, and 
if said viewers, or a majority of them, shall be of opinion that 
the prayer of said petitioner or petitioners should be granted, they 
shall cause a plat and survey thereof to be made by a competent sur- 
veyor, who shall report such survey and plat, giving, courses and dis- 
tances, and specifying the land across or upon which said drain is lo- 
cated or established. The viewers so appointed shall have the same 
right to change, alter the beginning point, route, terminus, or mode 
of construction of said drain, as is provided in the case of highway 
commissioners, when acting on similar petitions and they shall cause 
the plat and survey thereof in case of change to be made as so altered. 
The report of the viewers as finally approved by them shall be filed 
in the office of the county clerk, and upon the filing of the same the 
court shall make an order of record, fixing a day, not less than ten 
nor more than twenty days from the filing of such report, when it 
will hear all objections to said report. On the day fixed for hearing 
objections, if any objections are made, the Court shall hear the 
same, and shall hear all admissable testimony in regard thereto. The 
Court may, for any good reason, continue or adjourn the said cause 
to a future day to be fixed by its order, and if upon the final hearing, 
said Court shall be of opinion that said drain is beneficial to the 
party or" parties petitioning for the same, and can be constructed or 
established without greatly damaging the owner or owners of lands 
across or upon wdiich the same is located, it shall make an order es- 
tablishing the same: Provided, that if any owner or owners of land 
across or upon which said drain is located or established, shall not 
release the damages arising from the construction or establishment of 
such drain, the same shall not be constructed or held as established 
until the damages as to such owner shall have been ascertained by a 
jury as provided in proceedings to ascertain damages in similar cases 
in counties under township organization, by this act; except that the 
jury in such cases shall be empaneled in the County Court. When 
such damages are paid, or are released by the owner or owners or by 
the party or parties desiring such drain, or in case no damages are 
found they shall have all the rights secured to parties petitioning in 
similar cases, in counties under township organization. 

§ 66. [Penalty for injuring, etc., any drain.] Any person who 
shall wrongfully and purposely fill up, cut, injure, destroy, or in any 
manner impair the usefulness of any drain, ditch or other work, con- 
structed under this chapter, or heretofore constructed under any law 
of this State, or that may have been heretofore or may hereafter be 
voluntarily constructed for the purposes of drainage or protection 
against overflow, may be fined in any sum not exceeding two hundred 
dollars, to be recovered before a justice of the peace in the proper 
county, or if the iujury be to any levee whereby lands shall be over- 
flowed, he may, on conviction in any court of competent jurisdiction, 



DRAINAGE. 141 



be fined in any sum not exceeding five thousand dollars; and shall be 
deemed guilty of a felony and imprisoned in the State penitentiary 
for a term of not less than one, nor more than five years, at the dis- 
cretion of the court. All complaints under this section shall be in 
the name of the people of the State of Illinois, and all fines, when 
collected, shall be paid over to the proper Commissioners, to be used 
for the work so injured. 

§ 67. [Liable for damages.] In addition to the penalties provided 
in the preceding section, the person so wrongfully and purposely filling 
up, cutting, injuring, destroying or impairing the usefulness, of any 
such drain, ditch, levee or other work, by obstructing or filling up of 
any natural stream, or outlet, within or beyond the drainage district, 
shall be liable to the commissioners having charge thereof, for all 
damages occasioned to such work, and to the owners and occupants 
of land for all damages that may result to them by such wrongful 
act, which may be recovered before a justice of the peace, if within 
his jurisdiction, or before any court of competent jurisdiction. 

§ 68. [Act construed.] This act shall not be construed to repeal 
or interfere with any other law on the subject of drainage passed by 
this or any subsequent General Assembly. 

§ 69. [Repeal.] The following acts are hereby repealed: "An act 
to provide for the construction and protection of drains, ditches, levees 
and other works," approved April 24, 1871; : 'An act to provide for 
the registration of drainage and levee bonds and to secure the pay- 
ment of the same," approved April 9, 1872. But the repeal of said 
acts shall not affect any suits that may be pending or any rights that 
may have accrued at the time this act shall take effect. 

§ 70. [Emergency.] Whereas, there is no law now in force, pro- 
viding for the construction of drains, ditches and levees, by special 
assessment, therefore an emergency exists, and this act shall be in force 
from and after its passage. 

Approved May 29th, 1879. 



142 



DRAINAGE. 



CONSTRUCTION, MAINTENANCE AND REPAIRS OF DRAINS 
AND DITCHES BY SPECIAL ASSESSMENT. 



§ 1. Drainage commissioners. 

8 2. Clerk of eommissioners— duties. 

8 3. Drainage district— how organized — 
petition. 

§ 4. Piling- petition— notice of meeting-. 

§ 5. Hearing- evidence — finding. 

§ 6. Dismissal of petition— costs. 

8 7. Written statement of finding. 

§ 8. Adjournment— examination of land- - 
plat, etc. 

8 9. Organization of drainage district. 

§ 10. Commissioners to locate proposed 
work— maps . 

8 11. Right of way— damages. 

8 13. Damages assessed by jury- venire- 
notice to owners. 

8 13. Trial— verdict — transcript to be filed. 

8 14. Viewing land— benefits ascertained— 
assessment. 

8 15. Former ditch may be utilized. 

§ 16. Notice of meeting to hear objections. 

8 17. Proof of notice. 

8 18. Assessment— correction— confirmation 
—appeal. 

8 19. Summons to supervisors to hear ap- 
peal. 

§ 20. Hearing— judgment— appeal to coun- 
ty court. 

8 21. Hearing appeal— costs. 

8 22. Appeal not to delay, etc. 

8 23. Assessment— when payable. 

§ 24. Copy of assessment certified to treas- 
urer. 

8 25. Treasurer to keep books. 

8 26. Division of work— letting contract. 

8 27. Notice of letting— advertising for 
bids. 

8 28. Assessment paid in labor. 

8 29. Payment, of damages, right of way, 

8 30. Suits^ etc. 

8 31. Entry upon lands. 

8 32. Additional assessment. 



8 33. 
§ 34. 
8 35. 
8 36. 
8 37. 
8 38 
8 39. 
8 40. 
8 41. 
8 42. 

§ 43. 

8 44. 
8 45. 

§ 46. 

8 47. 



8 49. 
8 50. 
8 51. 



8 53. 
8 54. 

8 55. 
8 56. 
8 57. 
8 58. 
8 59. 
8 60. 
8 61. 

8 62. 
8 63. 
8 64. 
8 65. 



Bridges and culverts— how paid for. 

Sub-districts. 

Not to prevent other drainage. 

Penalty for injury, etc. 

Action for damages. 

Keeping drains, etc, in order. 

Penalty for failure to perform duty. 

Delinquent list— sale. 

Delinquent tax before sale. 

Collector of delinquent assessment 
to give bond. 

Drainage commissioners. 

Petition to form district. 

Meeting of commissioners— proced- 
ure . 

Appeals. 

Lands lying in two counties— proced- 
ure. 

Appeals— how taken. 

How formed— petition, etc. 

Hearing on petition. 

Proceedings on hearing— commission- 
ers. 

Corporate name— powers. 

Notice of election. 

Election— commissioners— terms of 
office. 

Oath— bond— treasurer— bond— duties. 

Duties of commissioners. 

Appeals. 

Power to borrow money. 

Who to be treasurer. 

Meaning of ditch. 

Opening drains through lands of 
another. 

Notice to adjoining owner. 

Assent by adjoining owner. 

Assent to be recorded. 

When owner does not consent. 

Drainage commissioners may act. 

Proceedings for right of way. 

Pees. 

Act not to affect prior laws 



CONSTRUCTION, MAINTENANCE AND REPAIR OF DRATNS AND DITCHES BY 

SPECIAL ASSESSMENT. 

An Act to provide for the organization of Drainage Districts and to 
provide for the construction, maintenance and repair of drains, and 
ditches, by special assessments on the pjroperty benefited thereby. Ap- 
proved May 29, 1879. In force July 1, 1879. 

Section 1. [Drainage commissioners.] Be it enacted by the People 
of the State of Illinois, represented in the General Assembly, That 
the Commissioners of Highways in every township in the several 
counties under township organization, in this State, shall be the Drain- 
age Commissioners in and for their respective townships and as such 
shall be a body politic and corporate, and be the corporate authorities 
of all drainage districts within their townships, may sue and be sued, 
and exercise all the powers and perform all the duties hereinafter set 
forth. In all legal proceedings begun and carried on under the pro- 
visions of this act, their corporate name shall be the Drainage Com- 
missioners of (name of township) township, (name of county) county, 
and State of Illinois. 



DRAINAGE. 143 



§ 2. [Clerk or commissioners — duties.] The town clerk shall be 
the clerk of the drainage commissioners, he shall be the custodian of 
all papers and records pertaining to drainage matters in his township, 
and shall keep in a well bound book to be known as the Drainage 
Record, a record of the proceedings of the commissioners, and shall 
enter at length therein, all the findings and orders of the commis- 
sioners pertaining to the subject of drainage. 

§ 3. [Drainage district — how organized — petition.] The fol- 
lowing proceedings shall be taken for the purpose of organizing a 
drainage district. A petition shall be presented to the town clerk, 
signed by a majority in number of the adult owners of lands lying 
in said proposed district, and they shall be the owners in the aggregate 
of more than one-third of the lands lying in said district, setting forth 
the boundaries of said district, giving the numbers of sections or frac- 
tional parts thereof. Said petition shall state that the lands lying 
within the boundaries of said proposed district require a Combined 
system of drainage or protection from overflow; that the petitioners 
desire that a drainage district may be organized embracing the lands 
therein mentioned, for the purpose of constructing, repairing or main- 
taining a drain or drains, ditch or ditches, within said district, for 
agricultural, sanitary or mining purposes, by special assessments upon 
the property benefited thereby. Said petition shall be accompanied by 
a bond to the drainage commissioners, signed by at least two responsible 
persons, conditioned for the payment of all costs occasioned by said 
proceedings, in case said district shall not be organized. 

§ 4. [Filing petition — notice of meeting.] It shall be the duty 
of the town clerk to file said petition in his office, and he shall within 
five days after the filing of said petition, give notice in writing to 
each of the commissioners of highways of such town, of the filing of 
such petition, and shall give notice by posting written or printed 
notices, in at least six public places in said township, that a meeting 
of the drainage commissioners will be held at such place and time, as 
the commissioners may decide upon, not less than eight days nor 
more than fifteen days from the date of said notice, for the purpose 
of organizing said drainage district. He shall also file a copy of said 
notice in his office. 

§ 5. [Hearing — evidence — finding.] It shall be the duty of the 
drainage commissioners to meet at the time and place mentioned in said 
notice, and the clerk shall lay before them the said petition and all other 
papers in the case, and they shall thereupon proceed to ascertain whether 
the said petition contains the signatures of a majority of the adult 
persons owning land in said district, and if they are the owners of 
more than one-third of the land situate in said district; and the affi- 
davits of two or more credible signers of said petition that they have 
examined the same, are acquainted with the locality of the district, 
and that they believe that said petition is signed by a majority of the 
adult owners of land in said district, and that said signers are the 
owners of more than one-third of the lands in said district, the same 
may be taken as prima facie evidence of the facts set forth in said 
petition as against the owners of lands in said district, and as con- 



144 DRAINAGE. 



elusive evidence against all persons signing said petition, that they 
have accepted the provisions of this act as to the assessments of 
benefits and damages hereunder. At such meeting, any other owners 
of land within said district shall be permitted to place their names on 
said petition, if they so desire. Any person owning land in said dis- 
trict, whose name does not appear on said petition, may, at said time 
and place, appear and controvert any material statement in said peti- 
tion; and any person who has signed said petition may deny or with- 
draw his signature thereto, on payment of his proportion of costs in- 
curred to that date, and for the purposes of such hearing, the said 
officers shall have full power to administer oaths to and examine all 
witnesses produced, and shall decide all such controverted questions at 
such time and place, and make a written statement of their finding, 
to be filed with the papers in the case. 

§ 6. [Dismissal of petition.] If the commissioners shall find 
that the petition has not been signed by a majority of the adult 
owners of land situated in said proposed district, or that the signers 
of said petition do not own more than, one-third of the lands in said 
district, they shall so decide, and the petition shall be dismissed at 
the cost of the petitioners, which costs shall be apportioned among 
the petitioners according to acreage of their lands respectively situated 
in said district. But such apportionment shall not prevent the com- 
missioners from collecting such costs from the sureties required in 
section three of this act. 

S 7. [Written statement of finding.] If the commissioners 
shall find that the petition is signed by a majority of the adult per- 
sons owning lands in said proposed district, and that the signers own 
more than one-third of the lands situated therein, they shall so de- 
cide, and shall make a written statement of their finding, and shall 
file said statement with the other papers in the case, and the clerk 
shall enter the same in his record; Provided, that if the commission- 
ers shall fail to complete their investigations on the day of meeting, 
they may adjourn to another day, not more than three days from such 
first day, and may, for good cause shown, again adjourn in like man- 
ner, until such investigation is concluded. 

§ 8. [Adjournment — examination of land — plat — estimates.] If 
the commissioners shall find in favor of the petitioners, as set forth 
in the last preceding section, they shall then adjourn their meeting 
to a time not less than eight days nor more than fifteen days, of 
which time the clerk shall give notice. The commissioners shall, in 
the meantime, go upon the lands included in the proposed district, 
and personally examine the same; and they shall have power to em- 
ploy a competent civil engineer, if in their opinion the services of 
an engineer be necessary, who shall thereupon, proceed to make such 
survey and estimates as the said commissioners may direct, and shall 
make and return to the said commissioners a map or plat of his sur- 
vey, and a full report of all estimates so required of him. 

§ 9. [Organization of drainage district.] At the time appointed 
for the adjourned meeting, the commissioners shall meet and examine 
the map and report of the engineer, if any engineer shall have been 



DRAINAGE. 145 



employed and if, from their own examination and said map and report 
if any there be, it shall appear that the lands included in the proposed 
district will be benefited for agricultural, sanitary or mining purposes 
by the construction of a drain, or a combined system of drainage, 
they shall so find; unless they shall find from the evidence of wit- 
nesses then introduced that the cost of the proposed work will exceed 
the benefits to be derived therefrom. And should they find in favor 
of the petitioners, or should a two-thirds (f) majority of the owners 
of land, owning more than one-half (-£-) of the lands lying in said pro- 
posed district, still desire the formation of said district, and such de- 
sire shall be evidenced by a failure to withdraw their signatures from 
the petition, the commissioners shall enter on their record an order in 
writing organizing said drainage district, and such district shall there- 
upon be declared fully organized. Each district shall be designated 
by a number, as District No. , . ., in . . township, . . county, 
and State of Illinois. 

§ 10. [Commissioners to locate proposed work — maps.] Upon 
the organization of any drainage district as above provided, it shall 
be the duty of the commissioners to go upon the lands included in 
such district, and locate the work proposed to be constructed, repaired 
or maintained, and shall make or cause to be made a map or plat of 
the work necessary to be done, which map, shall be signed by the 
commissioners or a majority of them and shall be recorded in the 
Drainage Record. 

§ 11. [Right of way — damages.] The commissioners shall then 
proceed to procure the right of way for said work from the owners 
of the land upon which the same may pass, so far as they can do so 
by agreement with said owners, which release or releases of right of 
way shall be in writing, and shall be a perpetual bar to all claims for 
damages by the grantor or grantors or their assigns, on account of the 
construction of such work. Such release or releases shall be filed in 
the town clerk's office, and he shall cause the same to be recorded in 
the office of the recorder of deeds in and for the county in which 
said lands are situated: Provided, that should the commissioners be 
compelled to pay damages for the right of way in any lands over 
which any work may run by virtue of the finding of a jury called 
to assess damages, as hereinafter provided, that then and in that case 
they shall allow damages equitably to other owners of lands through 
which such work may be located, notwithstanding such owners may 
have released such right of way without adequate compensation. 

§ 12. [Damages assessed by jury — venire — notice to owners.] 
Should the Commissioners be unable to procure the right of way by 
agreement with the owner or owners of any lands over which the 
work may be located, they shall file a statement in writing with 
some justice of the peace in the vicinity, requesting him to issue a 
venire for a jury to assess the damages in sucri case or cases; and it 
shall thereupon be the duty of the justice to issue a venire for a jury 
of six disinterested freeholders, to appear at his office at a day and 
hour therein named, not less than five nor more than eight days 
therefrom, for the purpose of assessing the damages in the case or 



146 DRAINAGE. 



cases mentioned. The justice shall at the same time cause a notice or 
notices in writing to be served upon the owner or owners of the 
lands in question, informing him or them of the time and place when 
the said case or cases will be tried. Said notices may be substantially 
in the following form: 

To A. B. . . . You are hereby notified that a jury has been 
called to meet at my office in . . township . . county, on the 
. . day . . of . . A. D. 18 . . at . . o'clock, . . M., 
for the purpose of assessing damages in the matter of the Drainage 
Commissioners of . . . township . . county, against you; when 
and where you can appear and assert your rights in the premises if 
you desire. 

C. S J. P. 

Said notice shall be served by a constable in the same manner and 
with like effect as process in civil cases, and his return thereon shall 
show the manner such service was made, and for such service he shall 
be allowed the same fees as for service of process in civil cases: 
Provided, that where it shall be made to appear that any of such 
owners are non-resident, unknown, or minors, notice of such proceed- 
ing shall be given by publication in some newspaper published in said 
county, for two successive weeks prior to the time of such hearing, 
which notice shall be substantially in the form given above: Provided, 
'further that in any case where the commissioners certify that the 
damages will probably exceed two hundred dollars (§200), the pro- 
ceedings shall be begun in the county court. 

§ 13. [Trial — verdict — transcript to be filed.] When the jury 
shall appear, as provided in the foregoing section, the trial shall be 
conducted as other cases before a justice of the peace, or county court, 
as the case may be; either party may have the same number of chal- 
lenges and for the same causes as in other cases before justices of the 
peace, or the county court, as the case may be. The jury shall hear 
the evidence offered in the case as to the value of the land proposed 
to be taken, and all damages consequent upon the construction of the 
proposed work; and may go upon the premises for the purpose of 
viewing them, and they shall return as their verdict the amount of 
damages found, if any, in favor of the owner or owners, and against 
the commissioners, and the justice of the peace, or county judge, shall 
enter judgment for the amount of such verdict, which judgment shall 
be final and conclusive. Vacancies in the panel of jurors shall be filled 
the same as vacancies in other cases, but vacancies shall in all cases 
be filled by freeholders, and the same jury shall hear and determine 
all cases for which the venire was issued, and shall return separate 
verdicts as to each owner or joint owners. And the justice or judge 
shall thereupon file in the office of the clerk of the drainage com- 
missioners a certified transcript of the proceedings before him in each 
case. 

§ 14. [Commissioners to view lands — benefits ascertained — 
assessment.] At the earliest practicable day after the organization of 
the district, the commissioners shall proceed to view the line or lines 
of the proposed work and determine the cost of the same, and shall 



DRAINAGE. 147 



view the lands to be benefited thereby, and ascertain, to the best of 
their judgment, the amount of the benefits which will accrue to each 
tract of land to be affected thereby, and shall assess to each tract of 
land its proportionate shai'e of the entire cost of such work; but in 
no event shall any tract of land be assessed for benefits in a greater 
amount than its proportionate share of the estimated cost of the work 
and all expenses of proceedings, nor in a greater amount than it 
will be benefited by the proposed work according to the best judg- 
ment of the commissioners; and they shall make out and file in the 
office of the town clerk an assessment roll, in which shall be set down 
in proper columns the names of the owners, when known and when 
unknown, stating "unknown," a description of the premises affected, 
in words or figures, or both, as shall be most convenient; the number 
of acres in each tract, the amount of land taken from such tract, and 
the value thereof; and if damages are allowed, the amount of the 
same; and if benefits are assessed, the amount of the same; and in 
case damages are allowed to and benefits assessed against the same 
tract of land, the balance, if any, shall be carried forward to a separate 
column for damages or benefits, as the case may be. 

§ 15. [Former ditch may be utilized.] When it shall appear to 
the commissioners that a drain, or ditch has been, in whole or in part, 
previously constructed for the purpose of draining or protecting from 
overflow any land to be affected by the work proposed under this act, 
and such original work can be advantageously utilized, they may esti- 
mate the value of such old ditch, and allow the owner such part 
thereof as will make an equality of burdens and benefits as between 
the several owners of lands in the said district. 

§ 16. [Notice of meeting to hear objections.] The commis- 
sioners shall cause to be personally served upon all parties owning 
land to be affected by the proposed work, and residing in the county, 
a written or printed notice of the time when and place where they 
will meet to hear any and all objections that may be made to their 
special assessments for benefits, and shall cause to be sent, by mail, such 
notice to all owners who do not reside in the county, whose land is to be 
affected, in case their post-office address is known to petitioners, or 
any of them, or can be ascertained by use of reasonable diligence; and in 
case the land of any non-resident or minor is to be affected, then pub- 
lication shall be made in some newspaper published in said county, 
for three successive weeks prior to the time of such hearing. 

§ 11. [Proof of notice.] The affidavit of any credible person or 
persons that he has or they have posted such notices hereinbefore re- 
quired, and the certificate of the publishers of such newspaper as to 
such publication, shall be sufficient evidence of such facts. 

§ 18. [Assessment — correction — confirmation — appeal to super- 
visors — bond.] At the time of meeting for hearing objections to 
the special assessments made by the commissioners, they shall hear 
whatever objection s may be urged by any person interested, to any 
special assessment made by the commissioners, and if satisfied that 
any injustice has been done in any special assessment, they shall correct 
the same in accordance with justice and the right of the matter; but 



/ 

148 DRAINAGES. 



if not so satisfied, they shall confirm the assessment as originally made, 
and enter an order to that effect. Any person appearing and urging 
objections, who is not satisfied with the decision of the commissioners 
in confirming a special assessment against his lands, may appeal from 
the decision of the commissioners to three supervisors of the county, 
within ten days after the decision of the commissioners has been 
rendered, by filing with the town clerk a bond, with security, in 
double the amount of the assessment, payable to the commissioners, 
conditioned for the payment of the assessment and all costs occasioned 
by the appeal, in case said assessment shall be affirmed. 

§ 19. [Summons to supervisors to hear appeal.] It shall be the 
duty of the town clerk to summon three supervisors of the county 
living nearest the office of the town clerk, but outside his township, 
to meet at his office at a time not more than ten days from the filing 
of the appeal bond for the purpose of hearing any appeal or appeals 
that may be taken from the decision of the commissioners. . Should 
any of said supervisors fail to appear at the time named, the clerk 
may adjourn said meeting for a period not exceeding five days, and 
summon another supervisor or supervisors to fill the vacanc} r or vacan- 
cies. 

§ 20. [Hearing — judgment — appeal to county court.] Whenever 
the supervisors summoned to hear appeals shall all appear as hereinbe- 
fore provided, it shall be the duty of the town clerk to lay before 
them the assessment roll, and they shall examine the same, and may 
hear testimony in support of such assessment appealed from and in 
opposition to the same, and may, if they deem it necessary, visit the 
lands upon which assessments have been made. Should the supervisors, 
after hearing the case, affirm the action of the commissioners, they 
shall file with the clerk their decision to that effect. Should they 
deem the assessment excessive, they may enter an order remitting such 
portion of such assessment as they deem in excess of right; or should 
they deem the assessment wholly erroneous they may wholly annul 
the same; and the clerk shall correct the assessment roll in accordance 
with the decision of the supervisors: Provided, that either party ag- 
grieved by the decision of the supervisors may appeal to the county 
court by filing bond in the county clerk's office within ten days from 
the time when the supervisors render their decision, the party against 
whose land an assessment lias been made shall appeal only, on the ground 
that such assessment is greater in amount than the benefits accruing 
to said lands by the construction of the proposed work. Should the 
commissioners appeal they may do so without giving bond. Should 
the person against whose lands an assessment has been made appeal, 
the bond shall be conditioned for the payment of whatever judgment 
shall be rendered against him in the county court. 

§ 21. [Hearing appeal — costs.] Appeals taken to the county court 
under the provisions of this act may be heard at any term thereof. 
Provided, ten days has intervened from the time of taking such appeal 
and the first day of the term, and if not ten days, then such appeal 
shall be heard at the next term; and trials shall be conducted as in 
other cases of appeals. Should the decision of the supervisors be 



\ 



DRAINAGE. 149 



affirmed or Avholly reversed, costs shall follow the judgment; but should 
such decision be modified, costs may be apportioned by the court in 
its discretion: Provided, that in any proceedings under this act, where 
any costs have been unnecessarily or improperly made, such costs may 
be adjudged against the party making the same. 

8 22. [Appeal not to delay progress of work, etc.] The tak- 
ing of any appeal by any person or persons, as herein provided, shall 
not operate to delay the collection of any special assessment from 
which no appeal has been taken, nor delay the progress of the work. 

§ 23. [Assessment — when payable.] At the time of confirming 
such special assessment, it shall be competent for the commissioners 
to order the assessment of benefits to be paid in installments of such 
amounts and at such times as will be convenient for the accomplish- 
ment of the proposed work; otherwise, the whole amount of such as- 
sessment shall be payable immediately upon such confirmation, and 
shall be a lien upon' the lands assessed until paid; and such assess- 
ment shall draw interest at the rate of eight (8) per cent per annum 
from the time they shall become payable till tney are paid, and such 
interest may be collected and enforced as part of the assessments. 

§ 24. [Copy of assessment, certified to treasurfr — bond.] Im- 
mediately after the entry of such confirmation of the special assess- 
ments, the clerk shall make out and certify to the treasurer a copy of 
said assessment roll; and the said treasurer shall execute bond to the 
people of the State of Illinois for the use of all persons interested, in 
a sum not less than twice the amount of assessments levied, conditioned 
for the faithful performance of his duties as treasurer of said drainage 
district, and that he will faithfully account for all money that, by 
virtue of said office, shall come to his hands; and such bond shall be 
with such sureties as may be approved by the commissioners, and said 
bond shall be kept and preserved in the town clerk's office. 

§ 25. [Treasurer to keep books.] It shall be the duty of said 
treasurer to keep proper books, furnished him by the commissioners, 
in which he shall keep an accurate account of all moneys received by 
him, and of all disbursements of the same; he shall pay out no money 
except upon the order of a majority of the commissioners, and shall 
carefully preserve on file all orders for the payment of money, given 
him by the commissioners, and shall turn over all books, papers, vouch- 
ers, moneys and property belonging to and in his hands, as such 
treasurer to his successor in office. 

§ 26. [Division of work — letting contract.] The said commis- 
sioners, when they have procured the right of way for the proposed 
work, shall divide the ditch or ditches, into sections a quarter of a 
mile in length, except the remainder or remainders, after taking 
out as many full sections as the work contains, which remainder 
or remainders may be let with the adjoining section, or separately, as 
the commissioners may think best; or they may let the same in one 
contract; Provided, further, that no drain, ditch, or other work 
authorized to be constructed or made under this act, shall be con- 
structed or made, in such a manner as to destroy or impair the use- 



150 DRAINAGE. 



fulness, or prevent the public use of any bay or harbor, or body of 
water used as a harbor connected with any navigable stream. 

§ 27. [Notice of letting — advertising for proposals.] Upon 
the confirmation of the assessment, the commissioners shall cause notice 
to be given of the time and place of the letting, and of the kind and 
amount of work to be done, and where plans of the same may be 
seen, by publication for twenty days in some newspaper printed or 
published in said county. Said bids shall be under seal, and the com- 
missioners may reject any and all bids, and may continue the letting 
from time to time if, in their judgment, the same be necessary. If 
the cost of the entire work will not exceed five hundred dollars ($500), 
the commissioners shall let the same at such time and in such manner 
as they may think best. Said commissioners shall not, during their 
term of office, be interested, directly or indirectly, in any contract for 
the construction, repair or maintenance of any work in such drainage 
district, nor in the wages nor supplies to men or teams employed on 
any work under their jurisdiction. Any person or persons taking 
any work under contract shall, on the completion thereof, according t*> 
contract, be paid for such work by the treasurer, upon the order of 
the commissioners. If any person or persons to whom any portion of 
said work shall be let as aforesaid, shall fail to perform said work, 
the same shall be re-let in such manner as the commissioners may 
think best. 

§ 28. [Assessment paid in labor.] In case any person assessed 
for benefits contracts to do any work, and said work is done according 
to contract, the commissioners shall give said person a receipt for so 
much of said assessment as said work amounts to, and said receipt 
may be received by the treasurer as payment of so much of said as- 
sessment. 

§ 29. [Payment of damages, right of way, etc.] All excess, if 
any, of allowances for right of way and damages, over the amount of 
special assessment for benefits against the same person, shall be paid 
or tendered to the owners thereof, before the commissioners shall be 
authorized to enter upon said lands for the construction of any work 
thereon; in case the owner is unknown, or there shall be a contest in 
regard to the ownership of the land, or the commissioners cannot, for 
any reason, safely pay the same to the owner, they may deposit the 
same with the clerk of the county court, and the court may order the 
payment thereof to such party as shall appear to be entitled to the 
same. 

§ 30. [Suits, etc.] The commissioners may use money arising 
from the collection of assessments for the purpose of compromising 
suits and controversies arising under this act, and in employment of 
all necessary agents and attorneys in the prosecution or defense of 
said operations, and to pay all necessary employes. 

§ 31. [Entry upon lands.] The commissioners from the time of 
receiving any petition, may authorize any employes to go upon the 
lands lying within said district, for the purpose of examining the same 
and making surveys; and after payment or tender of compensation al- 



DRAINAGE. 151 



lowed, may authorize all contractors with their servants, teams, tools, 
instruments, or other equipments for the purpose of constructing such 
proposed work, and may ever thereafter enter upon said lands as afore- 
said, for the purpose of maintaining or repairing such work, doing no 
more damage than the necessity of the occasion may require, and any 
person who shall willfully prohibit or prevent any of the aforesaid per- 
sons from entering such lands for the purpose aforesaid, shall be fined 
in a sum not to exceed twenty-five dollars ($25) per day, for such 
hindrance, to be collected as other fines. 

§ 32. [Additional assessment.] When the assessments hereinbe- 
fore made shall be inadequate to complete the work proposed, or when 
assessments shall be necessary for maintenance and repair, each tract 
of land shall be assessed such proportion of the additional cost as its 
original assessment bore to the total original assessment, and the said 
additional assessment shall be made by the commissioners in the same 
manner as the original assessment was made; and in all subsequent 
matters in relation thereto, the same proceedings shall be had as here- 
inbefore required in regard to original assessments. 

§ 33. [Bridges and culverts —how paid for.] The commissioners 
shall have power and are hereby required to make all necessary bridges 
and culverts for the protection of ditches made hereunder; but said 
bridges and culverts shall be paid for as follows: When in a public 
highway, it shall be paid out of the road and bridge tax; and when 
in a farm, it shall be paid for by the drainage commissioner. 

§ 34. [Sub-districts.] During the progress of the work, or at 
any subsequent time the commissioners when petitioned to create a 
"sub-district," (within any district organized as aforesaid), for the pur- 
pose of constructing any lateral drain or drains for the further re- 
clamation of lands within such "sub- district," by special assessments 
of the property benefited thereby, shall be governed by the provisions 
of this act which are applicable thereto. 

§ 35. [Not to prevent other drainage.] Nothing in this act 
shall be construed to forbid or prevent the drainage of any lands, the 
drainage of which would require to be conducted to the same outlet 
through which the waters of any ditch constructed under this act 
shall flow. 

§ 36. [Penalty for injuring, etc.] Any person who shall wrong- 
fully and purposely fill up, cut, injure, destroy, or in any manner im- 
pair the usefulness of any drain, ditch, or other work consti'ucted, es- 
tablished, or lying within any district organized under this act for 
the purpose of drainage or protection against overflow, may be 
fined in any sum not exceeding two hundred dollars, to be recovered 
before a justice of the peace in the proper county. All complaints 
under this section shall be in the name of the people of the State of 
Illinois, and all fines, when collected, shall be paid over to the proper 
commissioners, to be used for the work so injured. 

§ 37. [Action for damages.] In addition to the penalties provided 
in the preceding section, the person so wrongfully or purposely filling 
up or in any manner impairing the usefulness of any such drain or 



152 DRAINAGE. 



drains, shall be liable to the commissioners having charge thereof, for 
all damages occasioned to such work, and to the owners and occupants 
of land for all damages that may result to thern by such wrongful act, 
which may be recovered before a justice of the peace, if within his 
jurisdiction, or before any court of competent jurisdiction. 

§ 38. [Keeping drains, etc., in order.] All ditches and drains 
shall, at all times, be kept in good order and repair by the commis- 
sioners, and the lands affected by said work, shall pay their proportion- 
ate amount of cost, which shall be in the same proportion that the 
lands were originally assessed. 

§ 39. [Penalty for failure to perform duty.] For a failure to 
perform any of the duties imposed upon them by the provisions of 
this act, the commissioners so failing shall individually, upon com- 
plaint made under oath by any person who has paid a special assess- 
ment for the construction, maintenance or repair of such work, be 
liable to a fine not exceeding one hundred, dollars ($100), to be re- 
covered in an action in the name of the people of the State of Illinois, 
for the use of the district interested, before any justice of the peace 
of the county, and all fines, when collected, shail be paid to the 
treasurer of the district. 

§ 40. [Delinquent list — sale.] It shall be the duty of the treas- 
urer of each and every drainage district, to make out a certified list of 
such delinquent lands upon which the assessments remain unpaid, and 
the. same shall be by him, on or before the 10th of March next after 
the same have become payable, returned to the county collector of the 
county or counties in which such lands shall lie; and it shall be the 
duty of the collector to whom such return has been made, to transfer 
the amounts thereof, from such returns to the tax books in bis hands, 
setting down therein, opposite the respective tracts or lots, in proper 
columns prepared for that purpose, the amount assessed against each 
tract or lot; and the like proceedings shall be had, and with like force 
and effect, in the collection of such delinquent assessments and the 
sales of said lands for the non-payment thereof, as in ordinary collec- 
tions of State and county taxes by county collectors, and of sales of 
real estate by them for such non-payment and of redemptions from 
such sales. 

§ 41. [Payment of delinquent tax before sale.] Notwithstand- 
ing the returns of such delinquent list, the said treasurer of the drain- 
age district may receive payment of any such delinquent assessments 
and costs, and may give receipts for the same, but shall keep a 
memorandum of the same, and on or before the day of sale fixed by 
said county collector for sale of such lands, shall present said mem- 
orandum or list to said county collector, for the purpose of having the 
same checked or marked paid on the delinquent list in his hands; and 
all amounts collected by the said county collector by sale or otherwise, 
after deductions of his fees, shall be paid to the treasurer of the 
drainage district, on demand. 

§ 42. [Collector of delinquent assessment to give bond.] 
When the certified list of such delinquent lands upon which the 



DRAINAGE. 153 



assessments remain unpaid has come into the hands of the county 
collector, as aforesaid, the said collector shall execute bond to the 
drainage commissioners for the use of all persons interested, in a sum 
not less than twice the amount of the delinquent assessments, con- 
ditioned for the faithful performance of his duties as collector of said 
delinquent assessments, of said drainage district, and that he will 
faithfully account for all moneys that by virtue of said delinquent 
assessments, shall come to his hands; and such bond shall be with 
such sureties as may be approved by the county judge, and said bond 
shall be kept and preserved in the county clerk's office. 

COUNTIES NOT UNDER TOWNSHIP ORGANIZATION. 

§ 43. [Drainage commissioners.] The county commissioners, in 
counties not under township organization, shall be the drainage com- 
missioners in and for their respective counties, shall be a body politic 
and corporate, with like powers and duties as drainage commissioners 
as hereinbefore provided for. in all legal proceedings under this act 
their corporate name shall be "The Drainage Commissioners of . 
County, State of Illinois." In such counties the county clerk shall be 
the clerk of the drainage commissioners, and he shall perform all 
duties devolved upon clerks of drainage commissioners, as hereinbefore 
specified in this act. 

§ 44. . [Petition to form district.] Whenever a majority of the 
adult owners of land, and owming more than one-third of any area of 
lands lying in a county not under township organization, and requiring 
a combined system of drainage or protection from overflow, desire to 
form a drainage district, they shall file in the office of the county 
clerk a petition setting forth the facts as jDrovided in section three of 
this act; which petition shall be accompanied by a bond as in said 
section provided. It shall thereupon, be the duty of the clerk to give 
notice that a meeting of the drainage commissioners will be held, as 
provided in section four of this act. 

§ 45. [Meeting of commissioners — procedure.] The commis- 
sioners shall meet at the time mentioned in said notice and examine the 
said petition, and they shall thenceforth, in all preliminary and sub- 
sequent matters, as to the organization of such district, location of 
work, procuring right of way, awards of damages, levy of special as- 
sessments for benefits, confirmation of the same and other matters, 
proceed in accordance with the provisions of this act in regard to 
the duties and powers of drainage commissioners of townships, and 
shall in all cases be vested with the same powers and exercise the 
same duties as such commissioners. 

§ 46. [Appeals.] Appeals from the orders of drainage commis- 
sioners, confirming any special assessments in counties not under town- 
ship organization, may be taken by any person interested who is not 
satisfied with the decision of the commissioners to the county surveyor, 
county treasurer and sheriff, who shall constitute a board of appeals, 
who shall meet when notified by the clerk for the purpose of hearing appeals 
in such cases; and at such meeting they shall proceed as hereinbefore 
provided for supervisors when hearing appeals in like cases. Either 



154 DRAINAGE. 



party aggrieved by the action of the board of appeals may appeal 
therefrom to the county court on the same conditions, under the same re- 
strictions and with the like effect as hereinbefore provided for appeals 
from supervisors. 

DISTRICTS COMPOSED OF LANDS LYING IN TWO COUNTIES, OR IN TWO 
TOWNSHIPS IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 

§ 47. [Lands in tavo counties — mode of proceeding.] When 
lands lying in two counties, or in two townships in counties under 
township organization, would be benefited by a combined system of 
drainage, and a majority of the owners of such lands, owning more 
than one-third (£) of such lands, desire the formation of a drainage 
district, they may file a petition as provided in section three of this 
act, in the office of the clerk of that board of commmissioners in 
whose jurisdiction the greater part of said lands are situated. It shall 
thereupon be the duty of said clerk to give notice as provided in 
said section, and at the meeting held in pursuance of such notice 
both boards of commissioners shall act; and should a district be or- 
ganized, all of such commissioners shall constitute the drainage com- 
missioners of such district, and in the preliminary, and all subsequent 
proceedings in regard to formation of such district, construction of 
works therein, procuring right of way, the award for damages, the 
levy and collection of special assessments for benefits, the confirma- 
tion thereof and appeals therefrom, they shall proceed as hereinbefore 
provided: Provided, that all proceedings for condemnation of right 
of way and the assessment of damages consequent upon the construction 
of such work, shall take place in the county in which the lands af- 
fected are situated. The clerk in whose office the petition is filed 
shall be the clerk of such drainage commissioners. 

§ 48. [Appeals— how taken.] When such district lies wholly 
within a county or counties under township organization, appeals from 
the order of the commissioners confirming special assessments shall be 
taken to three supervisors, as hereinbefore provided, but where the 
district lies in two counties, all of such supervisors shall not reside 
in the same county. When such district lies wholly within counties 
not under township organization, appeals shall be taken to the county 
surveyors, county treasurers and sheriffs of the several counties, who 
shall act as a joint board of appeals. And when the district lies 
partly in a county under township organization, and partly in a county 
not under township organization the appeal shall lie to a board con- 
sisting of three supervisors from the county under township, organiza- 
tion chosen as provided in section nineteen of this act; and the county 
surveyor, county treasurer and sheriff of the county not under town- 
ship organization shall act as a joint board. All of said boards of 
appeal in this section provided for shall proceed and determine the 
cases submitted to them in the manner and to the effect set forth in 
section twenty hereof. From the decisions of any of the boards 
of appeal mentioned in this section, appeals shall lie, as provided in 
section twenty of this act, to the county court of the county in which 
the land concerning which the appeal is taken is situated, and such 
appeal shall be tried in like manner and with like effect as hereinbe- 



DRAINAGE. 155 



fore provided in cases of appeals to such courts. Districts lying in 
two townships or counties shall be designated as Union District No. . . 
in. . . . , and township or counties, as the case may be. 

SPECIAL DRAINAGE DISTRICTS. 

§ 49. [How formed — petition, etc.] Whenever a majority of the 
adult owners of land, who shall be the owners of more than one-third 
of the lands in any area of territory lying in more than two townships 
either in the same or different counties under township organization, 
or lying partially in more than two townships, in a county under 
township organization, and partly in a county not under township or- 
ganization, shall file in the office of the clerk of the county court of 
the county in which the greater part of such lands shall lie, a petition 
setting forth the facts as pi'ovided in section 3 of this act, and praying that 
a special drainage district may be formed, it shall be the duty of said 
clerk to give notice by posting written or printed notices in at least 
six public places in such township or county in which said proposed dis- 
trict or any part thereof shall lie, and also by publication in some 
weekly newspaper published in his county for two successive weeks, 
stating the day when such petition will be heard, which hearing may 
be at any term of said court, occurring not less than ten days after 
the last publication above provided for. The petition above mentioned 
shall in all cases be accompanied by a bond conditioned for the pay- 
ment of all costs to the officers of the court, or accruing to other par- 
ties by virtue of such proceeding, in case such district is not establish- 
ed; which bond shall be signed by at least three responsible persons 
and approved by the clerk. 

§ 50. [Hearing on petition.] It shall be the duty of the said 
court at the time set for such hearing, to examine the said petition, 
and if the court shall find, upon examination, that it is signed by a 
majority of the adult owners of the lands within said proposed district, and 
that such signers are the owners of more than one-third of the lands lying 
therein, the court shall so find. The affidavits of three credible signers of 
such petition that they have examined the same, that they are acquainted 
with the locality, and they verily believe that such petition is signed 
by a majority of the adult owners of lands lying in said proposed dis- 
trict, and that they are the owners in the aggregate of more than 
one-third of such lands, shall be taken as prima facie evidence of 
such facts, against all persons owning lands therein, and as conclusive 
evidence against all the signers of such petition of the facts therein 
stated, and that they have accepted the provisions of this act as to the 
assessments of benefits and damages hereunder. At such meeting any 
other owners of land within said district shall be permitted to place 
their names on said petition if they so desire. Any person owning 
land in said district whose name is not on said petition may, at said 
time and place, appear and controvert any material statement in said 
petition, or any signer thereof may deny or withdraw his signature 
thereto on payment of his proportion of costs incurred to that date, 
and for the purpose of such hearing the court shall have power to 
examine witnesses produced at such time. 



156 DRAINAGE. 



8 51. [Proceedings on hearing — appointment of commissioners.] 
Should the court find against the petitioners, it shall enter an 
order to that effect, and the petition shall thereupon be dismissed at 
the cost of the petitioners. Should the court find in favor of the 
petitioners, it shall enter an order to that effect, and it shall there- 
upon be the duty of the court to appoint three drainage commissioners 
for said district, who shall at once proceed to the examination, survey 
and organization of said district in all matters as provided in sections 
eight and nine of this act, and the clerk shall give notice of the time 
when and place where the commissioners will meet to complete the 
organization of such district, which time shall not be more than 
thirty (30) days subsequent to the date of the appointment of such com- 
missioners. At the meeting for completing the organization of such dis- 
trict the proceedings shall in all respects conform to the requirements of this 
act, as set forth in the matter of the formation of districts lying 
wholly within a township. Upon the filing of the order of the com- 
missioners declaring such district organized, the clerk shall enter the 
same of record, and said district shall thereupon be deemed fully or- 
ganized. 

§ 52. [Corporate name — powers.] Each special drainage district 
organized as herein provided, shall be known and designated by a 
name, as " . . . Special Drainage District, in the county or coun- 
ties of ... , and State of Illinois." The commissioners thereof 
shall be a body politic and corporate, with like powers as herein con- 
ferred upon other drainage commissioners. 

8 53. [Notice of election.] So soon as a special drainage district 
has been organized, it shall be the duty of the county clerk, who shall 
be the clerk of the commissioners thereof, to give notice by posting 
written or printed notices in at least six public places in said district, 
that on a day therein named, not less than ten days from the date of 
notice, at a place in said notice designated, an election will be held 
for the purpose of electing three drainage commissioners for said 
district. 

§ 54. [Election — commissioners— term of office.] At all elec- 
tions held for the election of drainage commissioners, the drainage 
commissioners then in office shall be the judges of election, and in the 
absence of any of them the electors present may choose a person or 
persons to fill the vacancy or vacancies. Such elections shall be con- 
ducted in all respects in accordance with the general election laws of 
this State: Provided, that no person shall be eligible to the office of 
drainage commissioner, or to vote at any election held hereunder who 
is not a resident of and an owner of land in such district. The re- 
turns of such election shall be transmitted to the clerk of the com- 
missioners, who shall canvass the vote as the returns for the election 
of county officers are canvassed, and the three persons having the 
highest number of votes shall be declared elected, and the clerk shall 
thereupon notify said persons of their election. The persons so elected 
shall determine among themselves by lot their respective terms of 
office, one of whom shall serve for one year, one for two years, and 
one for three years, or such parts thereof as may expire upon the 



DRAINAGE. 157 



election of their successors respectively; and annually thereafter, on 
the first Saturday of September, there shall be elected in each special 
district one drainage commissioner, who shall hold his office for three 
years, and until his successor is elected and qualified. 

§ 55. [Oath — bond — treasurer — bond — duties — term of office.] 
Said commissioners shall thereupon each take an oath to faithfully dis- 
charge the duties of his office as drainage commissioner, which oath 
shall be signed by him and filed in the office of the clerk. They 
shall then appoint some person who shall be a land owner within and 
a resident of said district, as treasurer, who shall give bond to the 
commissioners in such sum as shall be fixed by them not less than 
double the amount likely to come into his hands in any one year, 
which bond shall be signed by at least two responsible securities and 
approved by the commissioners and filed in the office of the clerk. 
He shall hold his office for two years, but may be removed by the 
commissioners at any time for cause. He shall have like powers and 
perform the same duties herein provided for other treasurers of drain- 
age districts. He shall pay out moneys only on orders signed by the 
commissioners, or a majority of them. 

§ 56. [Duties of commissioners.] The commissioners shall then 
at once proceed to locate the drain or drains, ditch or ditches, procure 
the right of way, institute proceedings therefor, and for the award for 
damages consequent upon the construction of the proposed work, make 
special assessments for benefits, and in all the foregoing and subse- 
quent proceedings, including the letting of contracts, the confirmation 
and collection of special assessments and all other matters they shall 
be governed by the provisions of this act, relating to the powers and 
duties of drainage commissioners of townships. 

§ 5.7. [Appeals.] Appeals from the orders of the commissioners of 
special districts confirming special assessments, if the district lies 
wholly within a county or counties under township organization, shall 
be taken to three supervisors, as provided for appeals in cases of dis- 
tricts lying wholly within a township or in two counties under town- 
ship organization, as the case may be. If the district lies within a 
county or counties under township organization and a county or coun- 
ties not under township organization, the appeal shall be taken to the 
joint boards of appeal of the several counties. From the decision of 
such tribunals appeals shall be as hereinbefore provided, and with like 
effect to the county court of the county in which the land upon which 
the assessment made is situated. 

§ 58. [Power to borrow money.] The commissioners may borrow 
money not exceeding in amount, half the amount of assessments un- 
paid at the time of borrowing, for the construction of any work which 
they shall be authorized to construct, and may secure the same by 
notes or bonds bearing interest at the rate of not exceeding eight per 
cent per annum, and not running beyond one year after the last as- 
sessment on account of which the money is borrowed shall fall due, which 
notes oi" bonds shall not be held to make the commissioners personally 
liable for the money borrowed, but shall constitute a lien upon the 
assessment for the repayment of the principal and interest thereon. 



158 DRAINAGE. 



§ 59. [Who to be treasures.] In all districts, in counties under 
township organization, the supervisor of the township in which the 
district is situated, shall be the treasurer of the district. When the 
district lies in two townships, the supervisor of one of the townships, 
to be designated by the commissioners, shall be the treasurer. When 
a district lies in a county not under township organization, the county 
treasurer, shall be the treasurer, and when the district lies in two counties 
not under township organization, the commissioners shall appoint the 
treasurer of one of said counties, the treasurer of the district. When 
a district lies partly in a county under township organization, and 
partly in a county not under township organization, the commissioners 
may appoint either a supervisor, or county treasurer, as the treasurer, of 
the district, as they may determine. The treasurer shall in all cases, 
give to the commissioners a bond in double the amount of the sum 
likely to come into his hands for the use of the district interested. 

§ 60. [Meaning of "ditch."] The word "ditch," when used in 
this act, shall be held to include a drain or water course, and the pe- 
tition for any such improvement, shall be held to include any lateral 
ditch, drain, or water course necessary to be constructed to secure the 
object of the improvement, whether the same be mentioned therein, or 
not and this act shall extend to and include the straightening of 
streams and water courses, and cleaning driftwood out of the same, 
and the making of such ditches or drains as may be found necessary 
to divide the overflow of any stream or water course. 

an owner, or joint owners as tenants in common, to procure 

outfalls. 

§ 61. [Opening drains through lands of another.] Any owner, 
or joint owners as tenants in common, desirous to drain the same and 
in order thereto deem it necessary that a new drain or drains should 
be opened through lands belonging to another owner, or that an ex- 
isting drain or drains in lands belonging to another owner should be 
cleansed, widened, straightened or otherwise improved, may apply to 
such owner, who is hereinafter referred to as the adjoining owner, for 
leave to make such drain or drains, or improvement in drain or drains, 
through or on the lands of such adjoining owner. 

§ 62. [Notice to adjoining owner.] Any such application as afore- 
said shall be by notice in writing, under the hand of the applicant, 
and shall be served on the owner, and also on the occupier, if the 
owner be not the occupier. The notice shall state the nature of such 
drain or drains, or improvements in drain or drains, be accompanied by 
a map, on which the length and depth, and if an open ditch, the width, 
of the proposed drain or drains, or improvements in drain or drains, 
shall be delineated, and shall further state the compensation, if any, 
which the applicant proposes to pay, or which the applicant proposes 
that the adjoining owner shall pay. 

§ 63. [Assent by adjoining owner.] The adjoining owner may, 
by deed, under his hand and seal, assent to such application, upon 
such terms and payment of such compensation as may be agreed upon; 
and any assent so given, or agreement so made, shall be binding cm 
all parties, their heirs and assigns. 



DRAINAGE. 



.159 



§ 64. [Assent to be recorded.] The applicant shall cause to be 
recorded, in the recorder's office in the county wherein the land is 
situate, the deed containing the assent of the adjoining owner to the 
proposed drain or drains, or improvement in drain or drains, and, also, 
a map showing the location of the same. 

§ 65. [When owner does not assent.] If the adjoining owner 
does not assent to the application, then the said person making the 
application may give notice, in writing, to said adjoining owner, and, 
also, to the occupier, if the owner be not the occupier, that he will, 
on a day named, not less than five days thereafter, apply to the 
drainage commissioners to locate said drain or drains. 

§ 66. [Drainage commissioners may act.] Upon the receipt of 
such application, it shall thereupon be the duty of the drainage com- 
missioners, at the time mentioned in said notice, to go upon the lands 
and examine the line or lines of the proposed ditch or ditches; and 
they shall have power to make such alteration, either in the location 
or mode of construction, as they may deem best, and may form a 
drainage district embracing such drain or drains, and shall enter on 
their record an order, in writing, organizing said drainage district, and 
such district shall thereupon be declared organized. The maps, as 
finally adopted, shall be signed by the commissioners, or a majority of 
them, and shall be recorded in the drainage record. 

§ 67. [Proceedings for right of way, etc.] The further proceed- 
ings for procuring right of way, award of damages, levy of special 
assessments for benefits, confirmation of the same and other matters, 
shall be in accordance with the provisions of this act, which are ap- 
plicable thereto. 

§ 68. [Fees.] The commissioners and clerk, and members of 
boards of appeals shall each receive one and one-half dollars, and if 
a civil engineer shall have been employed not to exceed five dollars 
per day, for the time actually employed in the discharge of the duties 
prescribed by this act; the compensation to be paid by the district for 
which the service may be rendered. Their accounts for services shall 
be rendered under oath and filed with the clerk, and kept by him 
with and among the records of his office. The treasurer shall receive, 
as his compensation, two per cent, of the funds collected by him, and 
one per cent on the amount paid him by the county treasurer. The 
county treasurer shall be entitled, as his compensation two per cent, 
on the amount collected by him on delinquent assessments. 

§ 69. [Act not affect prior laws.] This act shall not be con- 
strued to repeal or interfere with the execution and enforcement of 
other laws on the subject of drainage or levees, and drains passed 
by this General Assembly. 

Approved May 29th, 1879. 



REFUNDING — ELECTIONS. 



REFUNDING MONEY. 

§ 1. Taxes and assessments refunded. I § 3. Emergency. 
§ 3. Refusal to refund. 

An Act to provide for the refunding of moneys levied and collected 
under and by virtue of "An act to provide for the construction and 
protection of drains, ditches, levees and other works," approved April 
24, 1871, in force July 1, 1871, and to provide for the recovery of 
the same by action. Approved and in force May 14, 1879. 

Section 1. [Taxes to be refunded.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That all taxes or 
assessments that may have been levied and collected under and by vir- 
tue of the provisions of an act entitled "An act to provide for the con- 
struction and protection of drains, ditches, levees and other works," ap- 
proved April 24, 1871, in force July 1, 1871, that have not been expended 
as provided therein, and that yet remain in the hands of the county col- 
lectors, drainage commissioners, town collectors or other officers who may 
have collected the same by virtue of said act, shall refund the several 
amounts yet unexpended pursuant to the terms of said act, to the re- 
spective parties from whom the same may have been collected. 

§ 2. [Refusal to refund.] That upon the refusal of any such 
officers to refund moneys remaining in their hands, as required by 
section one (l) of this act, the parties entitled to the same may re- 
cover the amount due them by either an action of debt or assumpsit, 
or may sue such officers on their official bonds. 

§ 3. [Emergency.] Whereas, An emergency exists, therefore this 
act, shall take effect and be in force from and after its passage. 

Approved May 14th, 1S79. 



ELECTIONS. 



registration of electors. 



8 1. Board of registration-meeiing-register. | S 3. Repeal. 



An Act to amend section one (1) of an act entitled "An Act for the 
Registry of Electors, and to Prevent Fraudulent Voting," ap]jroved 
and in force February 15, 1865. Approved May 31, 1S79. In force 
July 1,' 1879. 

Section 1. [Board of registration — meeting — register.] Be it 
enacted by the People of the State of Illinois, represented in the 
General Assembly, That section one of an act entitled "'An Act for 
the registry of electors, and to prevent fraudulent voting," be amended 
so as to read as follows: The persons authorized by law, or appointed 



ELECTIONS EVIDENCE AND DEPOSITIONS. 161 



pursuant to any town or city ordinance, to act as judges or inspectors 
of elections in any town, city, or ward or other election district or 
precinct in this State, shall constitute a "Board of Registry" for their 
respective towns, cities, wards, districts or precincts, and shall meet 
on Tuesday, three weeks preceding any State election, at nine o'clock 
A. M., and proceed to make a list, as hereinafter prescribed, of all 
persons qualified and entitled to vote at the ensuing election, in the 
election district of which they are judges or inspectors; which list, 
when completed, shall constitute and be known as the "Register" of 
electors of said election district. In election districts in towns which 
lie wholly within the limits of an incorporated city, a register of elect- 
ors shall be made for all elections, whether general, special, local or 
municipal, in the same manner as herein provided in the case of State 
elections. 

§ 2. [Repeal.] All acts or parts of acts inconsistent herewith, are 
hereby repealed. 

Approved May 31st, 1879. 



EVIDENCE AND DEPOSITIONS. 

PARTNERS AND JOINT CONTRACTORS. 
§ i. Partners and joint contractors. 

An Act to amend section four, of an act entitled, "An act in regard 
to evidence and depositions in civil cases''' 1 approved, March 29, 1872; 
in force July 1, 1872. Approved May 31, 1879. In force July 1, 

1879. 

Section 1. Be it enacted by the -People of the /State of Illinois, 
represented in the General Assembly, That section four of an act en- 
titled, "An act in regard to evidence in despositions in civil cases," 
approved, March 29, 1872, and in force July 1, 1S72, be amended so as 
to read as follows: 

§ 4 [Partners and .ioixt contractors.] (Partners, Joint contract- 
ors and deceased agents.) In any action, suit or proceeding, by, or 
against any surviving partner or partners, joint contractor or contract- 
ors, no adverse party, or person adversely interested in the event 
thereof, shall by virtue of section one of this act, be rendered a com- 
petent witness, to testify to any admission or conversation, by any 
deceased partner or joint contractor, unless some one or more of the 
surviving partners or joint contractors were also present at the time of 
such admission or conversation; and in every action, suit or proceeding, 
a party to the same, who has contracted with an agent of the adverse 
party, the agent having since died, shall not be a competent witness, 
as to any conversation or transaction between himself and such agent, 
except where the conditions are such, that under the provisions of 
sections two and three of this act, he would have been permitted to 
testify, if the deceased person had been a principal and not an agent. 

Approved May 31st, 1879. 



162 EVIDENCE AND DEPOSITIONS. 



ATTENDANCE OF WITNESSES BEFORE COMMISSIONERS, ETC. 
§ 36. Attendance of witnesses before commissioners, etc. 

An Act to amend section thirty-six of an act entitled "An act in re- 
gard to evidence and depositions in civil cases,'''' approved March 29, 
1872. Approved May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section thirty-six of an act 
entitled "An act in regard to evidence and depositions in civil cases^" 
approved March 29, 1872, be amended to read as follows: 

§ 36. [Attendance of witnesses before commissioners, etc. J 
Each and every commissioner judge, justice of the peace, or clerk of 
court, master in chancery, notary public or other officer who may at 
any time be required to take depositions in any cause pending in any 
of the courts of law or equity in this State, or by virtue of any com- 
mission issued out of any court of record in any other State, territory 
or country, shall have power and authority to issue subpoenas if neces- 
sary, to compel the attendance of all such witnesses as shall be named 
in the commission, or by the parties litigant where no commission is 
necessary, in the same manner as witnesses are directed to be sub- 
poenaed in other cases, and any witness willfully neglecting or refusing 
to obey any such subpoena, or refusing to testify, or to subscribe his 
deposition when correctly taken, the commissioner or officer issuing 
such subpoena, shall at once report in writing, the facts of such willful 
refusal or neglect, accompanying the same with a copy of the com- 
mission or other authority received by him, together with a copy of 
the subpoena and the return of service thereof, and file the same, in 
the office of the clerk of the circuit court of such county, and there- 
upon, attachment shall issue, out of said court against such off ending- 
witness, returnable forthwith, before the circuit court of such county 
if in term time, or before any judge of said court if in vacation, who 
shall hear and determine the matter in a summary way, and it appear- 
ing to the court that the neglect or refusal of such witness to appear 
or testify, or to subscribe such deposition as aforesaid, is willful and 
without lawful excuse, the court shall punish such witness by fine, 
and imprisonment in the county jail, or by fine, or imprisonment in 
the county jail as the nature of the case may require, as is now, or 
as may hereafter be lawful for the court to do in cases of contempt 
of court. 

Approved May 31st, 1879. 



FEES OF COUNTY AND TOWNSHIP OFFICERS. 

8 13. Counties classified. I § 2. Emergency. 

An Act to amend section 13 of an act entitled "An Act concerning 
Fees and Salaries, and to classify the several counties of the State 
with reference thereto,'''' approved March 29, 1872, in force duly 1, 
1872. Title as amended by act approved March 28, 1874, in force 
July 1, 1874. Approved and in force May ±0, 1879. 
Section 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That section 13 of an act entitled 



FEES AND SALARIES. 163 



"An Act concerning Fees and Salaries, and to classify the several 
counties of the State with reference thereto," approved March 29, 1872, 
in force July 1, 1872; title as amended by act approved March 28, 
1874, in force July 1, 1874, be and the same is hereby amended so 
as to read as follows: 

§ 13. [Counties classified.] That for the purpose of fixing the 
fees and compensation of county and township officers in this State, 
the several counties therein are hereby divided into three classes, ac- 
cording to population as ascertained by the Federal Census of the year 
1870, which classes shall be known as the first, second and third, as follows: 

Counties containing a population of not exceeding twenty thousand 
inhabitants, to-wit: The counties of Alexander, Bond, Boone, Brown, 
Calhoun, Carroll, Cass, Clark, Clay, Clinton, Crawford, Cumberland, 
DeWitt, Douglas, DuPage, Edwards, Effingham, Fayette, Ford, Frank- 
lin, Gallatin, Grundy, Hamilton, Hardin, Henderson, Jackson, Jasper, 
Jefferson, Jersey, Johnson, Kendall, Lawrence, Marshall, Mason, Mas- 
sac, Menard, Mercer, Monroe, Moultrie, Perry, Piatt, Pope, Pulaski, 
Putnam, Richland, Saline, Schuyler, Scott, Stark, Union, Wabash, 
Washington, Wayne, White, Williamson and Woodford, shall belong- 
to and be known as counties of the first class. 

Counties containing a population over twenty thousand and not ex- 
ceeding seventy thousand to-wit: Adams, Bureau, Champaign, Christian, 
Coles, DeKalb, Edgar, Fulton, Greene, Hancock, Henry, Iroquois, JoDavies, 
Kane, Kankakee, Knox, Lake, LaSalle, Lee, Livingston, Logan, Macon, 
Macoupin, Madison, Marion, McDonough, McHenry, McLean, Mont- 
gomery, Morgan, Ogle, Peoria, Pike, Randolph, Rock Island, Sangamon, 
Shelby, St. Clair, Stephenson, Tazewell, Vermilion, Warren, White- 
side, Will and Winnebago, shall belong to and be known as counties 
of the second class. 

Counties containing a population exceeding seventy thousand in- 
habitants, to-wit: The county of Cook shall belong to and be known 
as counties of the third class. The fees and compensation of the sev- 
eral officers hereinafter named, shall be as follows in the respective clas- 
ses of counties to which they belong. 

§ 2. [Emergency.] Whereas The county of Greene was improperly 
classed as a county of the first class, whereby the county board arc 
and have been acting under an improper classification in fixing the 
compensation of county officers; therefore an emergency exists, and 
this act shall be in force from and after its passage. 

Approved Mav 20th, 1879. 



FEES OF JURORS. 
§ 44. In courts of record. 

An Act to amend section 44 of an act entitled "An Act concerning 
Fees and Salaries, and to classify the several counties of the /State 
with reference thereto" approved March 29, 1872, title as amended 
by an act approved March 28, 1874. Approved May 31, 1879. In 
force July 1, 1879. 
Section 1. Be it enacted by the People of the State of Illinois, 

represented in the General Assembly, That section 44 of an act en- 



164 FEES AND SALARIES. 



titled "An Act concerning Fees and Salaries, and to classify the several 
counties of the State with reference thereto," approved March 29, 1872, 
title as amended by an act approved March 28, 18*74, be and hereby 
is amended to read as follows: 

FEES OF JURORS IN COURTS OF RECORD. 

§ 44. [In courts of record. | There shall be allowed and paid 
to grand and petit jurors, for their services in attending courts 
of record, including the county court, when sitting for or doing 
probate business, each the sum of one dollar and fifty cents 
per day of necessary attendance at such courts as such jurors, 
and also live cents per mile each way for necessary travel in 
going to and returning from the same, to be paid out of the county 
treasury; except that in cases for the trial of insane persons before 
the court, jurors shall only receive for their services as jurors for such 
trials, the sum of fifty cents each. The clerk of the court shall fur- 
nish to each of the jurors aforesaid, without fee whenever he shall 
be discharged from further service by the court, a certificate of the 
number of days attendance at the term, or of the number of days at- 
tendance at the trial of ;tu insane person, as the case may be, and 
upon presentation thereof to the county treasurer, he shall pay to 
Hitch juror, the sum as above provided for his said service. The jurors 
'in courts of record, including county courts, when sitting for and 
doing probate business in counties of the third class, shall receive only 
for their services the sum of one dollar and fifty cents per day, and 
five cents per mile, actual travel goin^ and coining to place of hold 
ing court, but no oftener than once coming and going to place of hold- 
ing court, shall be considered in computing the mileage of jurors, dur- 
ing the term for which they shall be summoned to serve as jurors. 



Approved May 31st, 1879. 



FEES OF CLERKS OF PROBATE COURTS IN COUNTIES OF THE THIRD CLASS 

8 1. Fees of clerk of probate court. 8 3. Repeal. 

8 2. P >yment in advance. 

An Act to provide for fees of Clerks of Probate Courts in count-its 
of the third class'. Approved May 29," 1879. In force July 1, 1879. 

Section 1. [Fees of clerk of probate courts.] Be it enacted 
by the People of the State of Illinois, represented in the General Assem- 
bly, That the clerks of probate courts in counties of the third class, 
shall be entitled to receive the fees herein specified, for the services 
mentioned, and such other fees as may be provided by law for other 
services not herein designated. 

For taking proof of last wAll and testament or codicil, when proved 
separately, and endorsing certificate of probate thereon, including all 
services relating thereto, seventy-five cents; 

For entering order admitting to probate last will and testament or 
codicil, fiftv cents; 



FEES AND SALARIES. 165 



For recording last will and testament or codicil, for every one 
hundred words, eight cents; 

For filing petition and entering order for appointment of executor, 
administrator or guardian, fifty-five cents; 

For taking bond of executor or administrator, and administering oath 
and recording bond, fifty-five cents; 

For taking bond of guardian or conservator and recording same, 
fifty cents; 

For issuing and sealing letters testamentary, letters of administration,, 
appointment of guardian or conservator, and recording the same, 
seventy-five cents; 

For entering order for appointment of appraisers and issuing war- 
rant to appraisers, seventy ceuts; 

For taking and filing renunciation of executor, or of right to ad- 
minister five cents; 

For certified copies, with seal of court, of letters testamentary, ad 
ministration, guardianship, or conservatorship fifty cents; 

For swearing to and filing affidavit of claim, twenty-five cents; 

For filing and docketing each claim against estates and for entering 
order allowing or dismissing same, forty-five cents; 

For filing and docketing each claim against estates ami for entering 
order allowing or dismissing same, forty -five cents; 

For filing and docketing each claim against estates filed after the 
regular term for adjustment of claims, where service of process is 
waived, including all services relating thereto, to be paid by the claim- 
ant, one dollar; 

For filing and docketing each claim against estates, filed after the 
regular term for adjustment of claims, where service of process is not 
waived and for issuing, docketing and filing summons, including all 
services relating thereto, to be paid by the claimant, one dollar and 
fifty cents; 

For entering order reinstating and redockeCTng claim, seventy-five 
cents; 

For tiling and docketing proof of notice and entering order for ad- 
justment of claims sixty cents; 

For filing and docketing assignment of claims or judgment, twenty- 
five cents; 

For filing inventories appraisement bills sale bills, awards to widow 
or children, accounts of executors, administrators guardians and con- 
servators and all other exhibits and writings, (except wills and codicils) 
each, five cents; 

For entering order approving same, forty-five cents; 

For recording same, for every one hundred words, eight cents; 

For tiling petition ■ for appointment of conservator, and issuing, dock- 
eting and tiling summons, eighty-five cents; 

Entering order for venire, seventy-five cents; 

Issuing and filing venire, fifty-five cents; 

Swearing jury, fifty cents; 

Recording verdict of jury and entering order of court on same, one 
dollar and fifty cents; 

For entering order for appointment of conservator, fifty cents; 



106 FEES AND SALARIES. 



For notice of application of appointment of conservator and filing 
certificate of publication, thirty-five cents; 

For entering order, docketing, filing and issuing citation, seventy-five 
cents; 

For issuing and filing subpoena twenty-five cents; 

For filing petition, issuing, docketing and filing summons on applica- 
cation for sale of real estate, seventy -five cents; 

For entering order appointing guardian ad litem, forty-five cents; 

For entering order, appointing attorney to defend estate against claim 
of administrator or executor, forty five cents; 

For filing petition and entering order for dedimus potestatem, forty- 
five cents; 

For issuing dedimus potestatem, fifty cents; 

For issuing, docketing and filing execution, fifty cents; 

For entering order approving, filing and recording appeal bond, 
seventy-five cents; 

For entering each judgment, order or decree exceeding five folios in 
length, for every one hundred words, eight cents; 

For certified copies and exemplifications of records, files and settle- 
ments, for every one hundred words, eight cents; 

For entering order of proof of heirship sixty cents; 

For entering order, issuing and filing writ of attachment for con- 
tempt of court, one dollar; 

For every certificate under seal of court, issued by clerk, except as 
herein otherwise provided, fifty-cents; 

For entering all other orders of record, not otherwise herein pro- 
vided, for each forty-five cents; 

For entering final orders and decrees on discharge of executors, ad- 
ministrators, guardians or conservators and the sureties on their bonds 
on final settlements, including all services, relating thereto, two dollars 
and ten cents; 

§ 2. [Payment in advance.] The clerk of probate courts shall be 
entitled in all cases to demand and receive the payment of all fees 
for services in advance, so far as the same can be ascertained. 

§ 3. [Repeal.] AU acts or parts of acts in conflict with this act 
are hereby repealed. 



Approved May 29th, 1879. 



16' 



FISH. 



BUOOK TKOUT. 



S 1. When trout not to betaken. § 4. Trespassing' on land of others. 

S 2. Complaint— warrant. § 5. Disposition of fines. 

§3. Proceedings for violation of act. §6. Exceptions. 

An Act to protect brook trout. Approved May 29, 1879. In force 

July 1, 1879. 

Section 1. [When trout not to he taken.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
No person shall take by any device, contrivance, or means whatsoever, 
any "Brook Trout within any of the streams, lakes, or waters in this 
State, between the fifteenth day of July and the first day of April 
following, in each year; and no person shall, at any time, take brook 
trout with any net, seine, wire-basket, spear, grapple, trap or any de- 
vice whatever, except hook and line, or set or use any such net or 
other device, except hook and line, to take brook trout in any of the 
streams, lakes or waters within this State; and every person or persons 
so offending against the provisions of this act, or who shall expose for 
sale, or shall have any brook trout in his possession or custody, taken 
by means of any net or other device, except hook and line, or which 
shall have been taken during the time when the taking thereof is 
prohibited by this act, shall be subject to a fine of not less than five 
dollars nor more than one hundred dollars, or imprisonment in the 
county jail not less than five days nor more than thirty days. 

§ 2. [Complaint — warrant.] Whenever complaint shall be made 
by filing an affidavit before any justice of the peace in any county in 
this State, that any person or persons have within such county violated 
the foregoing section of this act, the said justice of the peace shall 
inquire into the matter, and if satisfied from the affidavit of the person 
or persons making such complaint, or from any other testimony, that 
there is reasonable cause to justify the making of such complaint he 
shall issue his warrant, directed to the sheriff or any constable of such 
county authorizing and commanding him forthwith to arrest and bring- 
before him, or in his absence, some other justice of the peace within 
such county, the person or persons alleged to have been guilty of 
violating the foregoing section. 

§ 3. [Proceedings for violation oe this act.] Whenever any 
person or persons shall be brought before any justice of the peace in 
the manner provided for in this act, for a violation of the preceding 
section of this act, it shall be the duty of the justice of the peace to 
hear and determine the complaint made against such person or persons 
as is otherwise provided by law in summary proceedings. 

§ 4. [Trespassing upon lands of others.] Any person or persons 
trespassing upon the inclosed lands of another without the consent of 
the owner for the purpose of catching brook trout, shall be deemed 
guilty of a misdemeanor, and fined in a sum not more than ten dollars 
and cost of proceedings,, such fine and costs to be enforced in the 
same manner as in the preceding sections of this act. 



FISH. 



§ 5. [Disposition of fines.] All fines received under the provisions 
of this act shall be paid one-half to the informer, and the other half 
to the county school fund. 

§ 6. [Exceptions. J Nothing herein shall he construed to prevent 
any person from taking brook trout with a net at any time for spawn- 
ing purposes. Provided, that nothing herein contained shall apply to 
fish raised and taken by a person within his own enclosure or pond. 



Approved May 29th, 1879. 



FfSH-CULTIVATlON OF. 



S 1. When unlawful to oatch with seine, etc, 
§2. Unlawful to catch or kill with chemical 

compound . 
£3. Complaint— warrant 
§ 4. Justice to bear complaint. 
§ ii tfine. 



8 6. Fishmg on enclosures of others— fine 
8 7. Suit in name of people— to whom 

fine paid— appeal 
8 8. Execution against the person. 
8 9. Exceptions. 
§ 10. Emergency. 



An Act entitled An Act to encourage the cultivation of Fishes within 
the State of Illinois. Approved and in force May 13, 1879. 

Section 1. [When unlawful to catch with seine net etc.J Be 
it: enacted by the People of the /State of Illinois represented in the 
General Assembly, Thai it shall be unlawful for any person or per- 
sons to catch or kill any fish of the species commonly called, black, 
green, silver, or white bass, pike, pickerel, salmon, land lock salmou, 
jack salmon, croppy or grass bass, sun fish or sun perch, or other 
fish commonly known as game fish in or upon any of the rivers, 
creeks, streams, ponds, lakes, sloughs, bayous or other water courses 
wholly within or running through the State of Illinois, with any seine, 
net, weir, or other device, other than with hook and line, from the 
fifteenth day of February to the fifteenth day of June, in each and 
every year. 

§ 2. [Unlawful to catch or kill with chemical compound.] 
That it shall be unlawful for any person or persons at any time to 
catch or kill any fish in or upon any of the creeks, streams, ponds, 
lakes, sloughs, bayous, or other water courses within the jurisdiction 
of the State of Illinois, by the use of lime, acid or any medicinal or 
chemical compound or explosive. 

§ 3. [Complaint — warrant.] Whenever complaint shall be 
made to any justice of the peace in any county of this State, that 
any person or persons have within such county violated any of the 
foregoing sections of this act, the said justice of the peace shall en- 
quire into the matter, and if satisfied from the affidavit of the person 
making such complaint or from any other testimony, that there is 
reasonable cause to justify the making of such complaint, he shall is- 
sue his warrant, directed to the sheriff or any constable of such county, 
authorizing and commanding him forthwith to arrest and bring before 
him or in his absence, some other justice of the peace within such 



169 



county, the person or persons alleged to have been guilty of violating 
any of the foregoing sections. 

§ 1. [Justice to heak complaint.] Whenever any person or per- 
sons shall be brought before any justice of the peace in the manner 
piovided for in this act, for a violation of any of the proceeding sec- 
tions of this act, it shall be the duty of such justice of the peace to 
hear and determine the complaint. 

§ 5. [Fine. | Any person or persons found guilty of violating any 
of the preceding sections of this act, shall each be fined by the justice 
before whom such offense shall be tried in a sum not less than five 
nor more than thirty dollars, and costs of such proceeding for the first 
offense, and for any subsequent offense in any sum not exceeding one 
hundred dollars and costs. 

£ 0. [Fishing on enclosures of others — fink. | Any person or 
persons trespassing upon the enclosed lands of another, without the 
consent of the owner, for the purpose of fishing, shall be deemed 
guilty of a misdemeanor, and fined in a sum not im>re than ten dol- 
lars and costs of such proceeding, such fine and costs to be enforced 
in the same manner as in the preceding sections of this act; Provided, 
that only the owners, occupants or authorized agents of such lands, 
shall make complaint under this section. 

§ 7. [Suits in name of people — fine to whwi paid — appeal, | 
All suits commenced under this act shall be in the name of the people 
of the State of Illinois, and when any judgment shall be rendered 
against any person or persons offending against any of the preceding 
sections of this act, execution shall issue forthwith on such judgment 
and the sheriff or constable to whom the same may be directed, shall 
pay one-half of ail penalties collected on such execution, in payment 
of such judgment, to the person who shall have made such complaint 
and the remaining half of all such moneys to the superintendent of 
schools of the county wherein such offense sh:ul have been committed 
and such judgment rendered, when the same shall form a part of the 
common school fund of such county. Provided: nothing in this section 
shall deprive the party defendant of the right to appeal. 

§ 8. [Execution against the person. | For the purpose of en- 
forcing the provisions of this act, it is hereby declared thai any ex- 
ecution issued as provided for in this act, and if returned, "not satis- 
fied" the justice issuing the same, or in case of his death or absence, 
any other justice of the peace in such county, shall issue his warrant 
to the sheriff or any constable of such county commanding him to 
take, carry and deliver the person or persons against whom such ex- 
ecution may have issued to the jailor of such county, who shall re- 
ceive such person or persons into his custody and commit him or them 
to the common jail of such county, or to the workhouse of such 
county, wherever one exists, for a period of not less than five nor 
more than thirty days, as the justice shall in his warrant direct, pro- 
vided such person or persons so arrested may at any time be dis- 
charged upon the payment of any such fine and costs. 



170 FISH. 



§ 9. [Exception.] Nothing herein shall be construed to prevent 
any person from taking fish in any manner and at any time for spawn- 
ing purposes, by obtaining the consent of the owner of the premises where 
such fish are taken, if taken upon the enclosed premises of another. 
All laws and parts of laws in conflict with this act, are hereby repealed. 

§ 10. [Emergency.] \V fibre as, an emergency exists, therefore 
this act, shall be in effect from and after its passage. 



Approveo May 13th, Is 79. 



FISH WAYS, 



1. Fish ways. 



An Act to amend section one (1) of an act entitled "An act to prevent 
the destruction of fish in the State of Illitwis, and to secure the 'un- 
obstructed passage of fish in all the waters of this State, wherein they 
were once accustomed to be found" approved March 22, 1872; in 
force July 1, 1872. Approved J fay 31, is79. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (1) of an act 
entitled "An act to prevent the destruction of Fish in the State of 
Illinois, and to secure the unobstructed passage of Fish in all the 
waters of this State, wherein they were once accustomed to be found," 
approved March 22, 1872, in force July 1. 1872, be amended so as to 
read as follows: 

§ 1. [Fish ways.] That no person shall place, erect, or cause to be 
placed or erected, any dam, seine, net, weir fish dam, or other ob- 
struction in or across any of the rivers, creeks, streams, ponds, lakes, 
sloughs, bayous or other water courses wholly within this State, or in 
that part of such stream or water course wholly within this State, in 
such manner as shall hinder or obstruct the free passage of fish up or 
down or through such waters or water courses; and that from and 
after the adoption of this act it shall be unlawful for any person to 
use any seine or net for the purpose of catching fish, except minnows, 
in any of the waters of this State, the meshes of whose seine is less 
than two inches. Provided, that it shall be unlawful for any person 
to catch or take any fish, other than small fish for bait, with any net, 
seine, wire basket, trap, or any other device whatever, except with a 
hook and line or spear, within one-half mile of any dam constructed 
across any of the rivers or creeks of this State. 

Approved May 31st, 1879. 



171 



FISH-OBSTRUCTING PASSAGE OF. 
§ 1. Not to obstruct passage of fish-nets. | § 2. Disposition of fines. 

An Act to amend an act entitled " An Act to secure the free passage of 
fish in all the waters of this State" approved March 25, 1874, in 
'force July 1, 1874. Approved May 31, 1879. In force Jidy 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section 1 , of an act entitled 
u An act to secure the free passage of fish in all the waters of this 
State," approved March 25, 1874, in force July 1, 1874, be so amended 
as to read as follows: 

§ 1. [Not TO OBSTRUCT PASSAGE OF FISH — NETS.] That it shall be 

the duty of any person or persons who now own, or may here- 
after erect any dam or other obstruction across any of the rivers, 
creeks, streams, ponds, lakes, sloughs, bayous, or other water courses 
Avitbin this State, to place therein suitable fishways, in order that the 
free passage of fish up or down through such waters may not be ob- 
structed. And any person failing to provide such fishways shall be 
subject to a fine not exceeding $200, per year to be recovered before 
any justice of the peace in the county or counties where such dam 
or obstruction may be placed: Provided, that this act shall not apply 
to streams, ponds, lakes, sloughs or bayous, that may be obstructed 
or closed by work or works done under the act of July 1, 1871, en- 
titled "An act to provide for the construction and protection of 
drains, ditches, levees and other works, or under any act relating to 
the construction and protection of drains, ditches, levees and other 
works, now in force or to be hereafter passed. 

§ 2. [Disposition of fines.] All fines recovered under this act, 
shall go into the general school fund of the county wherein such 
fines may be inflicted. 

Approved May 31st, 1879. 



fish-propagation of. 

S 1. Creates board of commissioners. I § 3. Expenses— how paid. 

§ 2. Duties. 

An Act entitled An Act to establish a Board of Commissioner* to In- 
crease the Product of the Fisheries, by Artificial Propagation and 
Cultivation. Approved May 13, 1879. In force July 1, 1879. 

Section 1. [Board of commissioners created.] Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly, That it shall be the duty of the Governor, by and with the 
advice and consent of the Senate, to appoint three persons residents 
of this State, who shall constitute a Board of Fish Commissioners. 
The persons so appointed shall hold their office, for the respective 



1 72 FORCIBLE ENTRY AND DETAINEE. 



terras of one, two and three years, tbe Governor designating the term 
each member shall serve as said commissioner from the time of their 
first appointment, and their successors to be appointed at the expira- 
tion of the several terms of office, and shall each hold their terms of 
office for three years. 

§ 2. [Duties.] It shall be the duty of the persons so appointed 
to select suitable locations for State fish hatching and breeding estaV 
lishments, take all measures within their means for propagation and 
increase of the native food fishes, and also for the introduction of new 
varieties of food fishes into the public waters of the State, upon the 
best terms possible; to employ a practical and competent fish culturist 
as a superintendent who shall have general charge and care of such 
establishments, and perform all such duties as the commissioners shall 
direct. Said Board shall not receive any compensation for their ser- 
vices, but shall be reimbursed their actual expenditures for traveling 
and hotel expenses, not to exceed in any event the sum of three 
hundred dollars per annum for the entire Board: Provided, that if 
no appropriation be made no expenses shall be incurred. 

§ 3. [Expenses — how paid.) The said commissioners or any two 
of them shall have authority to draw upon the State Treasurer from 
any appropriation made in pursuance of the purposes of this bill, as 
the same may be required, to defray expenses incurred, and shall re- 
port to the Governor of the State, all and singular the items of such 
expenditures together with the business transacted under their com- 
mission, such report to be made on or before the commencement of 
each fiscal year, 

Approved May 1 8th, 1879. 



FORCIBLE ENTRY AND DETAINER, 



S J8. Appeal— writ of restitution—bond. 

An Act to amend section one (]} of an act entitled "An net to amend 
sections 18 and 20 of an act entitled "An act in regard to forcible 
entry and detainer,'' approved and in force February 16, 1874, ap- 
proved May 24, 1877. Approved May 31, 1879. In force July 1, 
1879. 

Section I. Be it enacted by tin /'&>/>/<: of the Sinte of Illinois, 
represented in the General Assembly, That section one (1) of an act en- 
titled "An act to amend sections IS and 20 of an act entitled "An 
act in regard to forcible entry and detainer," approved and in force 
February 16, 1874, approved May 24, 1877, be amended so as to read 
as follows: 

§ 18. [Appeal — writ ok restitution — bono.] If any party shall 
feel aggrieved by the verdict of the jury or decision of the court, 



FORCIBLE ENTRY AND DETAINER — GAME. 173 



upon any trial had under this act, such party may have an appeal, to 
be taken to the same courts, in the same manner and tried in the 
same way as appeals are taken and tried in other cases. Provided, the 
appeal is prayed and bond is filed within five (5) days from the ren- 
dition of the judgment, and no writ of restitution, shall be issued in 
any case until the expiration of said five (5) days. 

Approved May 31st, 1879, 



GAME. 



5 1. When game not to be killed. 
I 2. When unlawful to buy or have in pos- 
session. 
I 3. What birds not to be killed 
3 4. Robbing- nests of game birds. 
§ 5. Trapping birds. 



§ 6. Selling, etc., after Ave days 

ft 7. Exceptions. 

I 8. Suits— disposition of lines. 

§ 9. Limitation. 

§10. Repeal. 



An Act to revise and consolidate the several acts relating to the pro- 
tection of game, and for the protection of deer, wild fowl and birds. 
Approved, Mag 14, is 79. In J orce July 1, 1879. 

Section I. ] When game not to be killed.] Be it enacted by 
the People of the Stale of Illinois, represented in the General Assembly, 
That it shall be unlawful for any person or persons to hunt or pursue, 
kill or trap, net or ensnare, or otherwise destroy any wild buck, doe 
or fawn, or wild turkey, between the fifteenth (15) day of January 
and the first (1) day of September, of each and every year; or any 
pinated grouse or prairie chicken, between the first (l) day of De 
cember and the fifteenth (15) day of August of the succeeding year; or 
any quail or ruffed grouse between the first (1) day of January and 
the first (1) day of October of each and every year, or any wild goose, 
duck, brant or other water fowl, between the first (1) day of May 
and the fifteenth (15) day of August of each and every year. And 
it shall further be unlawful to shoot, kill or destroy, or attempt to 
shoot, kill or destroy any wild goose, duck, brant or other wild fowl 
•luring the night time at any season of the year; or any woodcock 
between the first (1) day of January and the fourth day of July in 
each and every year. And any person so offending shall, for each 
and every offense be deemed guilty of a misdemeanor, and on convic- 
tion shall be fined in any sum not less than five dollars nor more 
than twenty-five dollars and costs of suit, and shall stand committed 
to the county jail until such fine is paid. Provided, that such impris- 
onment shall not exceed ten days, and the killing of each bird or 
animal as specified herein, shall be deemed a separate offense. 

^ 2. [When unlawful to buy or have in possession.] It shail 
be unlawful for any person to buy, sell, or have in possession any of 
the animals, wild fowls or birds mentioned in section one of this act, 
at any time when the trapping, netting or ensnaring of such animals, 



174 GAME. 



wild fowls or birds shall be unlawful, which shall have been entrap- 
ped, netted or ensnared contrary to the provisions of this act, and any 
person so offending, shall, on conviction be subject to the same fines 
and penalties to be enforced and collected in the same manner as is 
provided in section one of this act. 

§ 3. [What birds not to be killed.] No person shall, at any 
time, within this State, kill or attempt to trap, net, ensnare, destroy 
or kill any robin, blue-bird, swallow, martin, mosquito-hawk, whipoor- 
will, cuckoo, wood-pecker, cat-bird, brown-thrasher, red bird, hanging 
bird, buzzard, sparrow, wren, hummingbird, dove, goldfinch, mockingbird 
bluejay, finch, thrush, lark, cherry bird, yellow bird, oriole or bobolink, 
nor rob or destroy the nests of such birds, or either or any of them. 
And any person so offending shall, on conviction, be fined the sum of 
five dollars for each and every bird so killed, and for each and every 
nest robbed or destroyed: Provided, that nothing in this section shall 
be construed to prevent the owner or occupant of lands from de- 
stroying any of the birds herein named on the same, when deemed 
necessary by him for the protection of fruits or property. 

§ 4. [Robbing nests of game bikds.] It shall be unlawful for 
any person or persons to destroy or remove from the nests of any 
prairie chicken, grouse or quail, wild turkey, goose or brant, any egg 
or eggs of such fowl or birds, or for any person to buy, sell, have in 
possession, or traffic in such eggs, or wilfully destroy the nest of such 
birds or fowls, or any or either of them. .And any person so offend- 
ing shall, on conviction, be fined and dealt with as specified in section 
three (3) of this act. 

S 5. [Trapping birds.] No person or persons shall at any time, 
with a trap, snare or net, take or attempt to trap, snare or net any 
wild turkey, prairie chicken, quail grouse or pheasant at any time, and 
every person so offending shall, on conviction, be fined in a sum not 
less than five dollars, nor more than twenty-five dollars, and costs of 
suit, and shall stand committed to the county jail until such fine is 
paid: Provided, that such imprisonment shall not exceed fifteen days. 

§ 6. [Selling, etc. after five days.] No person or persons shall 
sell or expose for sale, or have in his or their possession, for the pur- 
pose of selling or exposing for sale, any of the animals, wild fowls 
or birds mentioned in section one (i) of this act, after the expiration 
of five (5) days next succeeding the first day of the period in which 
it shall be unlawful to kill, trap, or ensnare such animals, wild fowls 
or birds. Any person so offending shall, on conviction, be fined and 
dealt with as specified in section one (l) of this act, and selling or 
exposing for sale or having the same in possession for the purpose of 
selling or exposing for sale any of the animals or birds mentioned in 
this section, after the expiration of the time mentioned in this section, 
shall be prima facie evidence of the violation of this act: Provided: 
that the provisions of this act shall not apply to the killing of birds 
by or for the use of taxidermists for preservation either in public 
or private collections, if so preserved. 

§ 1. [Exceptions.] The provisions of this act shall not be construed 
as applicable to any express company or common carrier, into whose 



GAME — GARNISHMENT. 175 



possession any of the animals, wild fowls or birds herein mentioned 
shall come in the regular course of their business, for transportation, 
whilst they are in transit through this State from any place without 
this State where the killing of said animals, wild fowl or birds shall 
be lawful. But notwithstanding this provision, the having or being in 
possession of any such animals, wild fowl or birds, as are mentioned 
in section one (1), upon any 'of the days upon which the killing, en- 
trapping, ensnaring, netting, buying, selling, or having in possession 
any such animals, wild fowl or birds, shall be unlawful by the provis- 
ions of this act, shall be deemed and taken as prima facie evidence 
that the same was ensnared, trapped, netted, or killed in violation of 
this act. 

>j 8. [Suits — disposition of finfs.J All prosecutions under the pro- 
visions of this act shall be brought by any person, in the name of the 
People of the State of Illinois, against, any person or persons violating 
any of the provisions of this act, before any justice of the peace of 
the county in which such violation is alleged to have taken place, or 
before any court of competent jurisdiction; and it is hereby made the 
duty of the States Attorneys to see that the provisions of this act are 
enforced in their respective counties, and they shall prosecute all 
offenders on receiving information of the violation of any of the pro- 
visions of this act; and it is made the duty of sheriffs, deputy sheriffs, 
constables and police officers to inform against and prosecute all persons 
whom there is probable cause to believe are guilty of violating any of 
the provisions of this act, one-half the amount recovered in any penal 
action under the provisions of this act shall be paid to the person tiling 
the complaint in such action, and the remaining one-half to the school 
fund of the township in which this act has been violated. 

§ 9. [Limitation.] All prosecutions under this act shall be com- 
menced within three months from the time such offense was committed 
and not afterwards. 

ij 10. [Repeal.] All acts and parts of acts in conflict herewith are 
hereby repealed. 



Approved May 14th, 1879. 



GARNISHMENT. 



S 1. Wages exempt. 

An Act to amend Section Fourteen of "An Act in regard to Garnish- 
ment." Aj)proved May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section 14 of an act entitled 
'•An Act in regard to Garnishment," approved March 9, 1872, and in 



1 7 6 G ARNISHMENT . 



force July 1, 1872, be and the same is hereby amended so as to read 
as follows: 

§ 14. [|50 wages exempt.) The wages and services of a defendant 
being the head of a family, and residing with the same, to an amount 
not exceeding fifty dollars ($50), shall be exempt from garnishment. 
In case the wages or services of such defendant, in the hands of a 
garnishee, shall exceed fifty dollars ($50), judgment shall be given 
only for the balance above that amount. 

Approved May 31st, 1879. 



TRANSCRIPT TO OTHER COUNTIES. 

§ 1. Transcript to another county. j §3. Fees. 

8 2. Satisfaction of judgment. 

An Act to revise and enlarge the law in relation to garnishments in 
justices courts. Approved June \, 1879. In force July 1, 1879. 

Section 1. [Transcript piled in another county — garnishment.] 
Be it. enacted by the People of the State of Illinois, represented in the 
General Assembly, That whenever a judgment shall be rendered by 
any Justice of the Peace in any county of this State and not appealed 
from, and an execution against the defendant in such judgment shall be 
returned by the proper officer, "no property found," it shall and may be 
lawful for the plaintiff, his agent or attorney, to file a transcript of said 
judgment (including the issuing and return of said execution), properly 
certified to by the justice of the peace before whom said judgment 
was obtained accompanied with a certificate from the county clerk, 
that the justice issuing such transcript is an acting justice of the peace, 
with any other justice of the peace of any other county in the State, 
and the same to be spread upon his docket — and the same proceedings 
in regard to Garnishment had thereon that might have been had be- 
fore the justice who rendered the original judgment. 

§ 2. [Satisfaction of judgment — entry by 3oth justices.] But 
one satisfaction shall be had; and if the Justice of the Peace to whom 
said transcript shall be sent, shall render a judgment against any gar 
nishee summoned according to law, and if said judgment shall be 
wholly or in part satisfied, then the justice of the peace shall so cer- 
tify such fact to the justice of the peace who rendered the original 
judgment, and the same entered upon his docket as to what amount 
has been paid on said judgment; and if wholly paid, then both dock 
ets shall show such fact. 

§ 3. [Fees.] The same fees shall be allowed such justices of the 
peace as are now allowed by law on transcripts in appeals, and dock- 
eting suits, and all other fees the same as are now allowed by law in 
like procedings, and to be paid in the same way and manner. 

Approved June 4th, 1879. 



HOUSE OF CORRECTION. 177 



HOUSES OF CORRECTION. 

SI. Cities may establish , §8. County may use house of correction. 

8 5. Books — quarterly statement— accounts. | jj 9. Commitment. 

An Act to amend "An act to establish houses of correction and author 
ize the confinement of convicted persons therein" approved April 25? 
1871; in force July 1, 1871. Approved May 31, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That sections one (l), rive (5) 
and eight (8) of An act to establish houses of correction and authorize 
the confinement of convicted persons therein," shall be, and are, hereby 
amended so that said sections, as amended, shall read respectively as 
follows : 

"§ 1. [Cities may establish.] It shall be lawful for the municipal 
authorities, of any city within this State to establish a house of cor- 
rection, which shall be used for the confinement and punishment of 
criminals, or persons sentenced or committed thereto under the pro- 
visions of this act, or any law of this State, or ordinance of any 
city or village, authorizing the confinement of convicted persons, in 
any such house of correction." 

"§ 5. [Books — quarterly statement — accounts.] The books of 
said house of correction shall be so kept as to clearly exhibit the 
state of the prisoners, the number received and discharged, the num- 
ber employed as servants or in cultivating or improving' the premises, 
the number employed in each branch of industry carried on, and the 
receipts from, and expenditures for, and on account of, each depart- 
ment of business, or for improvement of the premises. A quarterly 
statement shall be made out, which shall specify minutely, all receipts 
and expenditures, from whom received, and to whom paid, and for 
what purpose; proper vouchers for each, to be audited and certified by 
the inspectors, and submitted to the comptroller of said city, and by 
him, to the legislative authority thereof, for examination and approval. 
The accounts of said house of correction shall be annually closed and 
balanced on the first day of January of each year, and a full report 
of the operations of the preceding year, shall be made out and sub- 
mitted to the legislative authority of said city, and to the Governor 
of the State to be by him transmitted to the General Assembly." 

"§ 8. [County may use house of correction.] The board of su- 
pervisors or commissioners of any county, and the board of trustees of 
any village or town, in any county in this State, in which a house of 
correction is established, shall have full power and authority to 
enter into an agreement with the legislative authority of such city, or 
with any authorized agent or officer in behalf of such city, to receive 
and keep in said house of correction, any person or persons who may 
be sentenced or committed thereto, by any court or magistrate, in any 
of said counties, whenever such agreement shall have been made, it 
shall be the duty of the board of supervisors or commissioners for auy 
county in behalf of which, such agreement shall have been made, or 



178 HOUSE OF CORRECTION — INSURANCE 



of the trustees of the village or town, in behalf of which, such agree- 
ment has been made, as the case may be, to give public notice thereof, 
in some newspaper printed and published within said county, for a 
period not less than four weeks, and such notice shall state the period 
of time for which such agreement will remain in force.' 1 

"§ 9. [Commitment.] In counties, towns and villages having such 
agreement with any such city, it shall be the duty of every court, 
police justice, justice of the peace, or other magistrate in such county, 
town or village, by whom any person, for any crime or misdemeanor, 
punishable by imprisonment in the county jail, shall be convicted, to 
commit such person to the said house of correction, in lieu of committing 
him to the county jail, village or town calaboose, there to be received, 
and kept in the manner prescribed by law, and the discipline of said 
house of correction. And it shall be the duty of such court, police 
justice, justice of the peace, or other magistrate, by a warrant of 
commitment, duly issued, to cause such person so sentenced, to be 
forthwith conveyed by some proper officer to said house of correction. 

Approved May 31st, 1879. 



INSURANCE. 

WHO MAY INCORPORATE. 

S 1. Who may incorporate. S 2. Extends to companies already incor- 

porated. 

An Act to amend section one (1) of an act entitled "An act to incorpo- 
rate and to govern fire, marine and inland navigation insurance 
companies doing business in the State of Illinois,'''' approved March 
11, 1869, and to fix the liability of certain insurance companies 
organized under said act. Approved May 31, 1879. In force July 
l,"l879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section one (l) of an act 
entitled "An act to incorporate and to govern fire, marine and inland 
navigation insurance companies doing business in the State of Illinois,'"' 
approved March 11, 1869, be and the same is hereby amended so as to 
read as follows: 

§ 1. [Who may incorporate — purposes.] That any number of 
persons, not less than thirteen, may associate and form an incorporated 
company for the following purposes, to-wit: To make insurance on 
dwelling houses, stores and all kinds of buildings, and upon household 
furniture and other property, against loss or damage by fire or light- 
ning, and the risks of inland navigation and transportation Any and 
all insurance companies hereafter incorporated under the provisions of 
this act, which shall, in the declaration and charter provided to be 



INSURANCE. 1 79 



filed, have expressed an intention to make insurance, or which shall 
have power to make insurance against loss or damage by the risks of 
inland navigation or transportation, shall have power to make insurance 
upon vessels, boats, cargoes, goods, merchandise, freights and other 
property against loss and damage by all or any of the risks of lake, 
river canal and inland navigation and transportation. 

§ 2. [Authority to companies already incorporated.] Any com- 
pany heretofore incorporated under the provisions of this act which 
shall, in the declaration and charter filed in accordance with the 
provisions of said act, have expressed an intention to make insurance 
against loss or damage by fire, is hereby authorized to insure, also, 
against loss oi damage by lightning; and in all cases wherein any such 
company has heretofore insured against loss or damage by lightning 
such insurance shall be binding on such company. 

Approved Mav 31st, 1879. 



ASSESSMENT. 
§ 1. Tax on net receipts. 

An Act to amend section thirty (30) of an act entitled u Au act to in- 
corporate and to govern fire, marine and inland navigation insurance 
companies, doing business in the /State of l llinois," approved 
March 11, 1869. Approved May 31, 1879. /// force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section thirty (30) of an act 
entitled "An act to incorporate and to govern Fire, Marine and Inland 
Navigation Insurance Companies, doing business in the State of Illi- 
nois," approved March 11, 1869, be and the same is hereby so amended 
as to read as follows: 

£ 30. [Tax on net receipts.] Every agent of any insurance com- 
pany, incorporated by the authority of any other State or government, 
shall return to the proper officer of the county, town or municipality 
in which the agency is established, in the month of May, annually, 
the amount of the net receipts of such agency for the preceding year, 
which shall be entered on the tax lists of the county, town and 
municipality, and subject to the same rate of taxation, for all pur- 
poses, State, county, town and municipal — that other personal prop- 
erty is subject to at the place where located; said tax to be in lieu of 
all town and municipal licenses; and all laws and parts of laws in- 
consistent herewith are hereby repealed: Provided, that the provisions 
of this section shall not be construed to prohibit cities having an or- 
ganized fire department from levying a tax, or license fee, not exceed- 
ing two per cent, in accordance with the provisions of their respective 
charters, on the gross receipts of such agency, to be applied exclusively 
to the support of the fii-e department of such city. 

Approved May 31st, 1879. 



1 80 INSURANCE. 



COMPLIANCE WITH GENERAL LAW. 



§ 1. Compliance with general law. 



An Act to compel all Insurance Companies of other States and coun- 
tries, doing any hind of insurance business in this State, other than 
life, to comp>ly with the general fire and marine insurance laws of 
this State, and to require deposits of plate glass, accident and 
steam boiler insurance companies. App>roved May 31, 1879. In 
force July 1, 1879. 

Section 1. [Compliance with general law.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That every insurance company, or association incorporated by or or- 
ganized under the laws of any other State, or any foreign govern- 
ment must comply with the requirements of the general insurance 
laws of this State, governing fire, marine, and inland navigation insur- 
ance companies, doing business in the State of Illinois. Before it 
shall be lawful for such company or association, to take risks or tran- 
sact any kind of insurance business in this State, other than that of life 
insurance, and such companies or associations, and all persons acting as 
agents thereof, shall be subject to the same penalties prescribed therein, 
for a violation of any of the provisions thereof. Provided, that no 
plate-glass, accident or steam-boiler insurance company, shall be required 
to have a larger capital than one hundred thousand dollars actually 
paid up, nor shall any such company be authorized to transact business 
in this State, without having previously deposited with the State 
Treasurer of this State, or with the chief financial officer or commis- 
sioner of insurance of the State, where such company is organized, se- 
curities, duly assigned to such officers, in trust for the benefit of all 
its policy holders, the market value of which shall at all times be equal 
to one hundred thousand dollars. Said deposit shall consist of such 
like securities, as fire insurance companies are by the general insurance 
laws of this State authorized to invest in. 

Approved May 31st, IS 79. 



statement-financial standing. 

8 1. Representation of assets. 8 i. Penalty tor violation of acl . 

$ 2. Statement of financial standing- -cash I § 5. Auditor of public accounts— duty, 
capital. I § fi. Repeal. 

9 3. Exception. 

An Act to prevent Fire Insurance Companies from advertising as 
assets anything not available for the payment of losses by fire. Ap- 
proved May 31, 1879. In force July \, 1879. ' 

Section 1 . [Representation of assets.] Be tt enacted by the Peo- 
ple of the State of Illinois represented in the General Assembly, That 
it shall not be lawful for any company, corporation, association, indi 



INSURANCE. 181 



vidua! ov individuals, now transacting, or now or hereafter authorized 
under any existing or future laws of this State, to transact the busi- 
ness of fire insurance within this State, to state or represent, either by 
advertisement in any newspaper, magazine or periodical^ or by any 
sign circular, card, policy of insurance, or certificate of renewal thereof, 
or otherwise, any funds or assets to be in possession of any such 
company, corporation, association, individual or individuals, not actually 
possessed by such company, corporation, association individual or 
individuals, and available for the payment of losses by fire, for the 
protection of holders of policies of fire and marine insurance. 

§ 2/ [Statement of financial standing — cash capital.] Every 
advertisement or public announcement, and every sign circular or card, 
hereafter made or issued by any company, corporation, association, 
individual or individuals, or any officer, agent, manager or legal repre- 
sentative thereof now or hereafter authorized by any existing or future 
laws of this State, to transact the business of fire insurance within 
this State, which shall purport to make known the financial standing 
of any such company, corporation, association, individual or individuals 
shall exhibit the capital actually paid in, in cash, and the amount of net 
surplus of assets as allowed by the Auditor of Public Accounts of the 
State of Illinois, over all liabilities of such company, corporation, 
association, individual or individuals, actually available for the payment 
of fire and marine losses, and for the protection of holders of their 
policies of fire insurance, including in such liabilities the fund reserved 
for re-insurance of outstanding risks, and shall correspond with the 
verified statement made by the company, corporation, association, indi- 
vidual or individuals, making or issuing the same, to the insurance 
department of this State next preceding the making or issuing of the 
same; but no such advertisement in any of the forms herein expressed 
shall include or contain any declaration or statement respecting any 
authorized or subscribed capital, save only so much thereof as shall 
have been actually paid in in cash and possessed by the company. 

g 3. [Exception.] Nothing in this act shall be construed to pro- 
hibit any insurance company, or association from publishing in any 
policy or certificate of renewal thereof a single item showing the 
amount of their authorized or subscribed capital as set forth in their 
charter, act of incorporation, deed of settlement, or articles of associa- 
tion, under which they are authorized to transact the business of 
insurance; provided, however, That such publication shall be made only 
upon such policies or certificates of renewal as shall be already printed 
and contain the same at the time of the passage of this act, and fur- 
ther provided that no such publication shall be made in any such 
policy or certificate, unless the same shall be issued within six months 
from the passage of this act. 

$ 4. [Penalty for violation of act. | Any violation of any pro- 
vision of this act, shall, for the first offense, subject the company, 
corporation, association, individual or individuals, guilty of such viola- 
tion, to a penalty of five hundred dollars, to be sued for and recover- 
ed in the name of the people of the State of Illinois, with costs and 
expenses of such prosecution, by the States Attorney of any county 



182 



INSURANCE. 



in which the company, corporation, association, individual or individu- 
als, shall be located, or may transact business or in any county where 
such offense may be committed, and such penalty, when recovered, 
shall be paid into the treasury of such county for the benefit of the 
common school fund of such county. Every subsequent violation shall 
subject the company, corporation, association, individual or individuals, 
guilty of such violation, to pay a penalty of not less than one thous- 
and dollars, which shall be sued for, recovered and disposed of, in 
like manner as for the first offense. 

§ 5. [Auditor of public accounts — duty.] It shall be the duty 
of the Auditor of Public Accounts to take cognizance of the provis- 
ions of this act, and to bring such violations to the attention of any 
company in respect to which such violation shall be committed, and 
in case of persistent violations of such provisions in respect to any 
company, it shall be his duty if the company be chartered by this 
State to report the same to the Attorney General for dissolution; and 
if it be a company incorporated by any other State or country, it 
shall be his duty to revoke its authority to do business in this State. 

§ tj. [Repeal. J All acts or parts of acts inconsistent herewith are 
hereby repealed. 



Approved May 31st, 1879. 



FOREIGN COMPANIES. 



1. Foreign Companies to have license, etc. 
2 License. 
3. Revocation . 



I 4- 
§ 5. 



Penalty for violation of act . 
Repeal. 



An Act for the better regulation of the business of insurance, and for 
the protection of the citizens of this State, in their dealings with in- 
surance companies. Approved June 4, 1879. In force July 1, 1879. 

Section 1. [Foreign companies — to have license — removal of 
suits to united spates courts.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, It shall not be 
lawful for any insurance company, association or partnership incorporated 
by, or organized under the laws of any other State of the United 
States, or of any foreign government for the purpose of insuring 
against loss or damage by fire, or against the risks of inland naviga- 
tion or transportation, or for the purpose of life insurance, or for the 
purpose of insuring persons against accidents, to take risks or to 
transact any business whatever, authorized by its charter within this 
State, until it shall have complied with the following requirements, 
in addition to those already imposed by existing law; It shall first 
file with the Auditor of Public Accounts a written application for a 
license to do business in this State, duly signed by its president and 
secretary, with its corporate seal attached, which statement shall con- 



INSURANCE. 188 



tain the following declarations: that it desires to transact the business 
of Insurance in this State; that it will accept a license therefor 
according to the laws of this State, and that said license shall cease 
and terminate in case, and whenever it shall remove or make applica- 
tion to remove into any United States Court, any action or proceeding 
commenced in any of the State courts, of this State, upon any claim 
or cause of action arising out of any business transaction, in fact, done 
in this State; any permission, consent, agreement, condition or provision 
incorporated in any contract, mortgage note bond, obligation or policy 
of insurance authorizing or consenting to such removal, to the contrary 
notwithstanding. 

§ 2. [License.] Upon complying with the requirements of section 
one (l) of this act together with all other requirements now imposed 
by existing law, The Auditor of Public Accounts shall issue to such 
incorporated company, association or partnership a license to transact 
its business in this State, and no such license shall be issued until 
all of said requirements shall have been complied with; and no such 
incorporated company association or partnership shall carry on the 
business for which it may have been incorporated, within this State 
until it shall have obtained such license: The fee for such license 
shall be the same as that provided for by existing law, to be paid by 
the incorporated company, association or partnership so securing such 
license. 

§ 3. [Revocation.] If any such incorporated company association 
or partnership shall remove, or make application to remove into any 
United States Court, any action or proceeding commenced in any State 
Court of this State upon a claim or cause of action arising out of 
any business, or transaction in fact done in this State although there 
may have been a stipulation authorizing such removal, or if it shall 
violate, or fail to comply with, any of the other requirements or con- 
ditions now imposed by existing law, it is hereby made the imperative 
duty of the Auditor of Public Accounts, at once to revoke, cancel and 
annul the license issued to such incorporated company, association or 
partnership; and thereafter no such incorporated company, association 
or partnership shall transact within this State any of the business for 
which it was incorporated, until again duly licensed. In case such 
revocation of license shall be made because of the removal of, or the at- 
tempt to remove any action from a State court of this State to any 
United States Court no renewal of such license shall be made within 
three years after such revocation. Whenever any such license shall 
be revoked, the Auditor of Public Accounts shall give notice of such 
revocation by mail, to the president and secretary of such corporation 
and shall also cause a notice of the same to be published three times 
in some weekly public newspaper published in the city of Springfield. A 
certified copy of the order of removal, shall be sufficient evidence of 
the removal of any cause. 

§ 4. [Penalty fob violation of act.] Any such incorporated 
company, association or partnership, which shall transact its business 
in this State in violation of the provisions of this act, shall together 
with the agent or agents so unlawfully transacting said business jointly 



184 INSURANCE INTEREST. 



and severally be subject to a penalty of five hundred dollars (1500) to 
be sued for and recovered in the name of the people of the State of 
Illinois, by the States attorney of the county in which such agent or 
agents may reside, and one-half of said penalty, when recovered shall 
be paid into the treasury of said county, the other half to the informer 
of such violation: Provided however: that any company, whose license 
may have been revoked as aforesaid shall thereafter be permitted to 
transact such business as may be absolutely necessary to wind up its 
business in this State and none other: Provided further, that nothing 
in this act contained shall be construed to prevent the filing of an 
information in the nature of a quo warranto against such corporations 
so violating the provisions of this act. 

§ 5. | Repeal.] All laws and parts of laws in conflict with the pro- 
visions of this act are hereby repealed. 

Approved June 4th, 1879, 



§ 1. On loan, etc., of money. 

§ 2. On money after due. 

§ 8. On judgment, award, etc. 

§ 4 Eight per cent, contracted for. 

§ 5. No greater rate. 

§ 8. Penalty. 



INTEREST. 




8 7. 




8 8. 




8 9. 




8 10. ( 




8 11. 




8 12. 



Usury must be pleaded. 
Rate on contracts 
Construction. 
Computation of time. 
Corporation not to plead usury- 
Repeal. 



An Act to revise the law in relation to the rate of interest, and to re- 
peal certain acts therein named. Approved May 24, 1879. In force 
July 1, 1879. 

Section 1. [On lean or forbearance of money, etc.] Be it 
enacted by the People of the rotate of Illinois, represented in the Gen- 
eral Assembly, That the rate of interest upon the loan or forbearance 
of any money, goods, or thing in action, shall continue to be six dol- 
lars ($6) upon one hundred (100) dollars for one year, and after that 
rate for a greater or less sum, or for a longer or a shorter time, ex- 
cept as herein provided. 

§ 2. [On money after due, etc.] Creditors shall be al.owed to 
receive at the rate of six (6) per centum per annum, for all moneys 
after they become due on any bond, bill, promissory note, or other 
instrument of writing; on money lent or advanced for the use of an- 
other, on money due on the settlement of account from the day of liquida- 
ting accounts between the parties and ascertaining the balance, on 
money received to the use of another, and retained without the owners 
knowledge, and on money withheld by an unreasonable and vexatious 
delay of payment. 



INTEREST. 185 



>< 3. [On judgment, award, report, verdict.] Judgments re- 
covered before any court or magistrate shall draw interest at the rate 
of six (6) per centum per annum, from the date of the same ' until 
satisfied. When judgment is entei'ed upon any award, report or ver- 
dict, interest shall be computed at the rate aforesaid, from the time 
when made or rendered to the time of rendering judgment upon the 
same, and made a part of the judgment. 

§ 4. [Eight per cent, may be contracted for.] In all written 
contracts it shall be lawful for the parties to stipulate or agree that 
eight (8) per cent, per annum, or any less sum of interest, shall be 
taken and paid upon every one hundred (100) dollars of money loaned, 
or in any manner due and owing from any person or corporation to 
any other person or corporation in this State, and after that rate for a 
greater or less sum, or for a longer or shorter time, except as herein 
provided. 

§ 5. [No GREATER RATE SHALL BE CONTRACTED FOR.] No person 

or corporation shall directly or indirectly, accept or receive, in money, 
goods, discounts, or thing in action, or in any other way, any greater 
sum or greater value, for the loan, forbearance or discount of any money, 
goods or thing in action, than as above prescribed. 

§ 6. [Penalty for contracting for more than eight per cent.] 
If any person or corporation in this State shall contract to receive a greater 
rate of interest or discount than eight (8) per cent, upon any contract, 
verbal or written, such person or corporation, shall forfeit the whole of 
said interest so contracted to be received, and shall be entitled only to 
recover the principal sum due to such person or corporation; And all 
contracts executed after this act shall take effect, which shall provide for 
interest or compensation at a greater rate than herein specified, on ac- 
count of non-payment at maturity, shall be deemed usurious, and only 
the principal sum due thereon shall be recoverable. 

§ 7. [Usury must be pleaded.] The defense of usury shall not 
be allowed in any suit, unless the person relying upon such defense 
shall set up the same by plea, or file in the cause a notice in writing, 
stating that he intends to defend against the contract sued upon or 
set off, on the ground that the contract is usurious. 

§ 8. [Rape on contract between citizens ok corporations of 
this state, or a citizen or corporation of this state and a cit- 
izen or corporation of any other state.] When any written 
contract wherever payable, shall be made in this State, or between 
citizens or corporations of this State, or a citizen or corporation 
of this State, and a citizen or corporation of any other State, 
territory or country, (or shall be secured by mortgage or trust deed on 
lands in this State), such contract may bear any rate of interest al- 
lowed by law, to be taken or contracted for by persons or corpoi'ations 
in this State, or which is or may be allowed by law on any contract 
for money due or owing in this State. Provided, however, that such 
rate of interest shall not exceed eight per cent per annum. And if any 
such person or corporation shall contract to receive a greater rate of 
interest or discount than eight per cent upon any such contract, such 



186 . INTEREST — GAS COMPANIES TO PAY. 



person or corporation shall forfeit the whole of said interest so con- 
tracted to be received, and shall be entitled only to recover the prin- 
cipal sum due to such person or corporation. 

§ 9. [Construction.] Whenever, in any statute, act, deed, written 
or verbal, contract, or in any public or private instrument whatever, 
any certain rate of interest is or shall be mentioned, and no period of 
time is stated for which such rate is to be calculated, interest shall be 
calculated at the rate mentioned, by the year, in the same manner as 
if "per annum" or "by the year'' 1 had been added to the rate. 

£ 10. [Computation of time.] In all computations of time, and of 
interest and discounts, a month shall be considered to mean a calen- 
dar month, and a year shall consist of twelve calendar months; and 
in computations of interest or discount for any number of days less 
than a month, a day shall be considered a thirtieth part of a month, 
and interest or discount shall be computed for such fractional parts of 
a month upon the ratio which such number of days shall bear to 
thirty. 

§ 11. [Corporation not to plead usury.] No corporation shall 
hereafter interpose the defense of usury in any action. 

8 1_. [Repeal.] That an act entitled, "An act to revise the law in 
relation to the rate of interest, ,, approved March 25, 1S74, and an act 
entitled "An act to amend section eight (8) of an act entitled "an act 
to revise the law in relation to the rate of interest,''' approved March 
25th, A. D. 1874, approved March 3, 18*75, be and the same are 
hereby repealed. But this section shall not be construed, so as to effect 
any rights that may have accrued or suits that may be pending when 
it shall take effect. 

Approved May 2-1 th, 1879. 



GAS COMPANIES TO PAY. 



§ 1. Gas companies to pay on deposits. 

An Act to compel Gas Companies to pay interest on deposits made 
by parties at the request of such companies. Approved May 29, 
1879. In force July 1, 1879. 

Section 1. [Gas companies to pay on deposits.] Be it enacted, by 
the People of the State of Illinois, represented in the General Assembly, 
That all gas companies, persons or associations engaged in manufacturing 
gas for public or private use in this State, who shall require any person, 
corporation or association of persons to deposit any sum or sums of 



GAS COMPANIES TO PAY JUDGMENTS, DECREES, ETC. 187 



money with such gas company, person or association, so furnishing gas, 
for any purpose "whatever, such company, person or association with 
whom such money may be deposited shall pay to the party making such 
deposit, annually, interest on such deposit at the rate of five (5) per cent, 
per annum. 

Approved May 29th, 1879. 



JUDGMENTS, DECREES, ETC. 



§ 18. Redemption by defendant, etc. § 31. When only redemption money bid, 

8 20. Redemption by creditor, etc. I 

An Act to amend section eighteen (18) of an act entitled, "An act in 
regard to judgments and decrees, and the manner of enforcing the 
same by execution, and to provide for the redemption of real estate 
sold under execution or decree,''' approved March 22, 1872, [as amend- 
ed by act approved April 29th, 1873, and in force July 1, 1873), 
and also to amend sections twenty (20) and twenty-one (21) of said 
act, approved March 22, 1872. Approved May 31, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section eighteen (18) of an 
act entitled "An act in regard to judgments and decrees, and the 
manner of enforcing the same by execution, and to provide for the 
redemption of real estate sold under execution or decree/' approved 
March 22, 1872, (as amended by act approved April 29th, 18*3, and in 
force July 1, 1873, and also sections twenty (20) and twenty-one (21) 
of said act, approved March 22, 1872, be and the same are hei*eby 
amended so as to read respectively as follows: 

§ 18. [Redemption by defendant, etc.] Any defendant, his heirs, 
administrators, assigns, or any person interested in the premises, 
through or under the defendant, may within twelve months from said 
sale redeem the real estate so sold by paying to the purchaser thereof, 
his executors, administrators, or assigns, or to the Sheriff or Master in 
Chancery, or other officer who sold the same, or his successor in office 
for the benefit of such purchaser, his executors, administrators or 
assigns, the sum of money for which the premises were sold or bid 
oft, with interest thereon at the rate of eight per centum per annum 
from the time of such sale, whereupon such sale and certificate shall 
be null and void. 

§ 20. [Redemption by creditor, etc.] If such redemption is not 
made, any decree, or judgment creditor, his executors, administrators, 
or assigns, may, after the expiration of twelve months, and within 
fifteen months after the sale, redeem the premises in the following 



188 JUDGMENTS, DECREES, ETC. JURORS. 



manner — Such creditor, his executors, administrators, or assigns, may 
sue out an execution upon his judgment or decree, and place the same 
in the hands of the sheriff or other proper officer to execute the same, 
who shall endorse upon the back thereof a levy of the premises de- 
sired to be redeemed; and the person desiring to make such redemp- 
tion shall pay to such officer the amount for which the premises to be 
redeemed, were sold, with interest thereon at the rate of eight per 
centum per annum from the date of the sale, for the use of the 
purchaser of such premises, his executors, administrators, or assigns; 
whereupon such officer shall make and file in the office of the recorder 
of the county in which the premises are situated, a certificate of such 
redemption, and shall advertise and offer the premises for sale under 
said execution as in other cases of sale on execution. 

§ 21. [When only redemption money bid.] The creditor, hi 
executors, administrators, or assigns, having so redeemed, shall be con- 
sidered as having bid at such sale the amount of the redemption 
money so paid by him, with interest thereon at the rate of eight per 
centum per annum from the date of such redemption to the day of 
sale, with the cost of such redemption and sale; and if no greater 
amount is bid at such sale, the premises shall be struck off to the 
person making such redemption, and the officer shall forthwith execute 
a deed of the premises to him, and no other redemption shall be 
allowed. 

Apfroved May 3 1st, 1S79. 



JURORS. 



§ 4. Exemptions. 

An Act to amend section 4 of an act entitled "An Act concerning 
Jurors, and to repeal certain acts therein named" approved and in 
force February 11, 1874. Approved May 31, 1879. In force July 
1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section (4) four of an act entitled 
"An act concerning Jurors, and to repeal certain acts therein named, 1 " 
approved and in force February 11, 1874, be and the same is hereby 
amended, so that hereafter it shall read as follows: 

§ 4. [Exemptions.] The following persons shall be exempt from 
serving as jurors, to wit: The Governor, Lieutenant Governor, Secretary 
of State, Auditor of Public Accounts, Treasurer, Superintendent of 
Public Instruction, Attorney General, members of the General Assem- 
bly during their term of office, all judges of courts, all clerks of courts, 
sheriffs, coroners, postmasters, mail carriers, practicing attorneys, all 
officers of the United States, officiating ministers of the gospel, school 



JURORS- — VENUE CHANGED. 



teachers during the terms of school, practicing physicians, constant fer- 
rymen, mayors of cities, policemen and active members of the fire de- 
partment: Provided, that every fireman who shall have faithfully and ac- 
tively served as such in any volunteer fire department in any city of 
this State, for the term of seven years, may thereafter be exempt from 
serving on juries in all courts. 



Approved May 3 1st, 1879. 



SUMMONS FOR PETIT JURORS. 
§ 10. Summons for petit jurors. 

An Act to amend section ten (10) of an act entitled " An act concerning 
jurors, and to repeal certain acts therein named,'''' approved and in 
force February 11, IS" 7 4. Approved May 31, 1879. In force July 
1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General 'Assembly, That section ten (10) of an act 
entitled "An Act concerning jurors, and to repeal certain acts therein 
named," approved and in force February 11, 1874, be and the same 
ie hereby amended so as to read as follows viz: 

§ 10. [Summons for petit jurors.] The clerk of the court shall, 
within five days after such, drawing issue to the sheriff, a summons 
commanding him to summon as petit jurors, a sufficient number, not 
less than thirty of the persons so drawn giving their residences to ap- 
pear at the place of holding such court, at the hour of ten 
o'clock a. m. of the first day of the term or upon such other day of 
the term as the judge shall direct, and a like number to appear at the 
same place and hour two weeks after the time at which the former 
number of jurors were summoned to appear, and the same number for 
each two weeks thereafter, the court will probably be in session; which 
summons shall be served before the sitting of the court. 

Approved May 31st, 1879. 



VENUE CHANGED. 



§ 30. How venue changed. 

An Act to amend section thirty (30) of an act entitled, "An Act to 
provide for the election and qualification of Justices of the Peace and 
Constables, and to provide for the jurisdiction and practice of Justices 
of the Peace in civil cases, and fix the duties of Constables, and 
to repeal certain acts therein named,' 1 '' approved April 1st, 1872, in 
force July 1st, 1872. Approved May 21, 1879. In force, July 1, 
1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section thirty (30), of an act 



190 VENUE CHANGED. 



entitled, "An act to provide for the election and qualification of jus- 
tices of the peace and constables, and to provide for the jurisdiction 
and practice of justices of the peace in civil cases, and fix the duties of 
constables, and to repeal certain acts therein named," approved April 
1st 1872, in force July 1st, 1872, be so amended as to read as fol- 
lows: 

§ 30. [How venue changed.] Previous to the commencement of 
any trial before a justice of the peace, or police magistrate, the de- 
fendant, or his or her agent, may make oath that it is the belief of 
such deponent, that the defendant can not have an impartial trial be- 
fore such justice of the peace or police magistrate; whereupon, it shall 
be the duty of the justice of the peace or police magistrate immedi- 
ately to transmit all the papers and documents belonging to the suit, to 
the nearest justice of the peace or police magistrate in the same 
county, who is not of kin to either party, sick, absent from town, or in- 
terested in the event of the suit, as counsel or otherwise, who shall pro- 
ceed as if the suit had been instituted before him, anything in any special 
charter or law to the contrary notwithstanding: Provided, that distance, 
as contemplated in this section, shall mean to be by the nearest trav- 
eled route." 

Approved May 21st, 1879. 



A PPEA LS— D AM AG ES— JU DG M KNT . 



§ 71. Damages. 



An Act to amend section seventy-one of an act entitled "An Act to 
provide for the election and qualification of justices of the peace and 
constables, and to provide for the jurisdiction and practice of justices 
of the peace in civil cases, and fix the duties of constables and, to re- 
peal certain acts therein named?' 1 Approved May 31, 1879. In force 
July 1, 1879. 

Section 1 . Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section seventy-one (71) of "An 
act entitled "An act to provide for the election and qualification of 
justices of the peace and constables, and to provide for the jurisdiction 
and practice of justices of the peace in civil cases, and fix the duties 
of constables and to repeal certain acts therein named," be amended 
so as to read as follows: 

§71. [Damages.] In cases of appeal from judgments of justices 
of the peace, the appellee shall be entitled to judgment, not exceeding 
ten per cent, damages upon the amount of the judgment, if the appeal 
is dismissed for want of prosecution, or if the court shall be satisfied 
that the appeal was prosecuted for the purposes of delay. And the 
court may at the election of the appellee render judgment against the 
appellant for the amount of the judgment from which the appeal is 



VENUE CHANOED — LIENS. 191 



taken, with damages as hereinbefore provided. And thereupon the ap- 
pellee shall be entitled to a scire facias against the sureties on the 
appeal bond in such case, and such writ of scire facias shall be made 
returnable at the next succeeding term of said court, and if served 
ten days before the commencement of such term, and unless sufficient 
cause be shown by such sureties the court shall render judgment 
against such sureties for the amount of judgment rendered against 
their principal. 



Approved May 31st, 1879. 



LIENS. 



LIMITATION. 



§ 2S. Limitation. 



An Act to amend section twenty-eight (28) of an act entitled "An act 
to revise the law in relation to liens,' 1 '' approved March 25th, 1874. 
Ajjproved May 24, 1879. In force July 1, 1879. 

Section 1 . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section twenty-eight (28) of 
an act entitled "An act to revise the law in relation to liens," approved 
March 25th, 1874, be and the same is hereby amended so as to read 
as follows: 

§ 28. (Limitation.) No creditor shall be allowed to enforce the 
lien created under the foregoing provisions, as against or to the preju- 
dice of any other creditor or incumbrance or purchaser, unless suit be 
instituted to enforce such lien within six (6) months after the last pay- 
ment for labor or materials shall have become due and payable. 

Approved May 24th, 1879. 



192 



MILITAEY CODE. 



MILITARY CODE, 



§ 3. 

$ *. 
§ 5. 
§6- 

8 7. 
£ 8. 



8 2. 
S 3. 

§ 4. 

I el 

§ 7. 



8 3~. 

8 4. 

8 5. 



ARTICLE I. 

LIABILITY AND EXEMPTION. 

Who liable to military duty. 

ENROLLMENT. 

enrollment . 

VOLUNTEERS. 

How militia enlisted, brigaded, etc. 
—term— oath . 

Staff rank-duties— adjutant general. 

Brigade generals— staff . 

Organization of regiments, etc. — offi- 
cers— rank . 

Companies— office rs . 

Cavalry companies. 

ARTICLE IT. 



Election of company officers -term of 

office 
Meetings for election of officers. 
Examining board— duties . 
By-laws. 
Term of service. 
Disbanding company. 
Regulations. 



ARTICLE HI 

EXEMPTIONS . 

Exemptions. 

ARTICLE IV. 

PARADES AND ENCAMPMENT. 

Drills. 

Parades . 

Commander of encampment, etc.— 

authority. 
Target practice. 

ARTICLE V. 

ARMS AND ARMORIES. 

Issuing arms— bond— arms to be kept 

at armory. 
Inspector general— duties. 
Annual inspection — expenses. 
Commanders to report to luspeclor 

general. 
Inspector general's report. 
Brigade inspectors — duties. 
Armories— penalty for false return. 



|1. 

§2. 

§ 3. 



8 3. 
8 4. 
§ 5. 



§ 7. 
8 8. 



8 9. 



8 1. 



8 1. 
§ 3. 

8 3. 



8 1. 



8 2. 

8 3. 



8 3. 
8 4. 



§ 7. 



ARTICLE VI. 

General Inspector of rifle practice. 
Brigade, etc., inspectors of rifle 

practice. 
Pay— expense of rifle ranges, etc. 



ARTICLE VII. 



COURTS MARTIAL. 

Courts martial— how constituted. 

May try commissioned officers. 

Regimental court martini. 

Offenses cognizable by court martial 

Trial according to TJ. S. army regu- 
lations . 

Judge advocate. 

Witnesses —fees . 

Finding, etc., forwarded to comman- 
der-in-chief. 

Regulations in case of liot, etc.— ex- 
tent of punishment. 



ARTICLE VIII. 



PAY DEPARTMENT 



Pay of officers. 

Pay of enlisted men. 



ARTICLE IX 



MEDICAL 8ERVICE. 

Medical staff. 

Medical stores aud supplies. 
Surgeon general to prescribe forma, 
etc., for reports. 



ARTICLE X. 



APPROPRIATIONS . 

Tax to create military fund how ex- 
pended. 
Expense of courts martial, etc 
Contingent military fund. 



ARTICLE XI 



GENERAL PROVISIONS. 

Regimental band . 

Pay when under orders. 

Books of instruction, records, etc. 

Company not to leave State with arms. 

Other organizations prohibited. 

Penalty for violation of act. 

Appropriates $25,000. 

Repeal. 



MILITARY CODE. 193 



Ax Act to 'provide for the organization of the State Militia and en- 
titled "The Military Code of Illinois}'' Approved May 28, 1879. 
In force July 1, 1879. 



ARTICLE I. 

LIABILITY AND EXEMPTION. 

Section 1. [Who liable to military duty.] Be it enacted by 
the People of the State of Illinois, represented in the General Assej/i- 
bly, That all able bodied male citizens of this, State, between the ages 
of eighteen and forty five years, except such as are expressly exempted 
by the laws of the United States, or are State or county officers, or 
on account of their profession or employment are exempted by the 
commander-in-chief, shall be subject to military duty and designated 
as "The Illinois State Militia." 

ENROLLMENT. 

§ 2. [Enrollment.] When it is necessary to execute the laws, 
suppress insurrection, or repel invasion, or to quell riots, or when a 
requisition shall be made by the President of the United States for 
troops, the governor as commander-in-chief, may, by his proclamation, 
require the enrollment of the militia of the State, or of such portion 
thereof as may be necessary, and he shall appoint necessary enrolling 
officers, and prescribe their duties, issuing all proper orders that may 
be required in the premises. He may designate the place of rendez- 
vous, provide for the organization of the militia into companies, bat- 
talions, regiments, and brigades, and their equipments, as the case 
may require. The militia, when called into active service, shall receive 
the same pay and subsistence as is provided for like troops in the 
service of the United States. 

VOLUNTEERS. 

§ 3. [HOW ACTIVE MILITIA ENLISTED AND BRIGADED — TERM OF EN- 
LISTMENT — oath.] The active militia shall be designated as the "Illi- 
nois National Guard," which shall consist of not more than eight 
thousand men and officers, to be divided into not more than three 
(3) brigades, each to be commanded by a brigadier general, and shall 
be recruited by volunteer enlistments. The commander-in-chief shall 
assign all regiments, battalions, and companies, to such brigades as 
he shall think proper. All enlistments therein shall be for five years, 
and made by signing enlistment papers, prescribed by the adjutant 
general, and taking the following oath or affirmation, which may be 
administered, by the enlisting officer, to-wit: "You do solemnly swear 
(or affirm) that you will bear true allegiance to the United States and 
the State of Illinois and that you will support the constitutions thereof, 
that you will seiwe the State of Illinois faithfully, in its military ser- 
vice, for the term of five years, unless sooner discharged, or you 
cease to become a citizen thereof; that you will obey the orders of 
the commander-in-chief and such officers as may be placed over you, 
and the laws governing the military forces of Illinois; so help you 



194 MILITARY CODE. 



Clod." This oath may be administered by any commissioned officer, 
or, in his absence, by any officer authorized by law to administer 
oaths. 

§ 4. [Staff — rank — duties, etc.— adjutant general.] The staff 
of the commander-in-chief shall consist of an adjutant general, with 
the rank of brigadier general, who shall be ex-officio chief of staff, 
commissary general and quartermaster general, and inspector general, a 
surgeon general, a judge advocate general, and inspector of rifle prac- 
tice, each with the rank of colonel; and one aid from each congress- 
ional district, with the rank of colonel: Provided, that no employe of 
the State or a county, while drawing his salary as such, shall receive 
any pay by reason of any service in the militia of the State. The adjutant 
general shall issue and transmit all orders of the commander-in-chief, 
with reference to the militia or military organizations of the State, and 
shall keep a record of all officers commissioned by the Governor, and 
of all general and special orders and regulations, and of all such mat- 
ters as pertain to the organization of the State militia and the Illinois 
National Guard, and perform the duties of an adjutant, commissary and 
quartermaster general. lie shall have charge of the State arsenal, and 
grounds, and shall receive and issue all ordnance and ordnance stores, 
and camp and garrison equipage, on the order of the commander-in- 
chief. He may appoint with the approval of the Governor, an ordnance 
sergeant, at a salary of not more than eight hundred dollars (§800) 
per annum, who shall under the direction of the adjutant general, aid 
and assist him in the discharge of his duties. The adjutant general 
shall receive for his services the sum of two thousand dollars ($2,000) 
per annum. He shall have charge of and carefully preserve the colors, 
flag, guidons, and military trophies, of war belonging to the State, 
and shall not allow the same to be loaned out or removed from their 
proper place of deposit. He shall furnish, at the expense of the State 
all proper blank books, blanks and forms, and such military instruc- 
tion books, as shall be approved by the commander-in-chief. He shall, 
also, on or before the first day of October next preceding the regular 
session of the General Assembly, make out a full and detailed account 
of all the transactions of his office, with the expenses of the same for 
the, preceding two years, and such other matters as shall be required 
by the Governor and shall also report at such other times as the 
Governor shall require. He shall reside at the State Capital and shall 
hold his office during the pleasure of the Governor. 

§ 5. [Brigade generals — staff.] The generals of brigades shall 
be appointed by the Governor, and shall hold their office until re- 
moved by court-martial or resignation. On recommendation of the 
general of brigades, the Governor shall appoint and commission the 
brigade staff, as follows: Judge advocate, with rank of lieutenant 
colonel; assistant adjutant general, with rank of lieutenant colonel; 
inspector general, with rank as major; surgeon, with rank as major; 
quartermaster, with rank as captain; commissary, with rank as captain; 
and two (2) aids-de-camps, with rank as first lieutenant. 

§ 0. [Organization of regiments and battalions — officers — rank.] 
A regiment of infantry shall consist of not less than eight and not 



MILITARY CODE. 195 



more than ten companies. A battalion shall consist of not less than 
two and not more than seven companies. A battalion of less than 
four companies shall be entitled to a major, and when it has been 
augmented to four or more companies it shall be entitled to a lieuten- 
ant colonel. The colonel, lieutenant colonel and major of all battalions 
and regiments shall be elected by the line officers thereof. The regi- 
mental staff shall consist of a surgeon, with the rank of major; assist. 
ant surgeon, with the rank of captain; inspector of rifle practice; 
with the rank of captain; chaplain, with the rank of captain; adjutant, 
with the rank of captain; quarter-master, with the rank of first lieutenant; 
who shall be appointed and commissioned by the Governor, on 
recommendation of the regimental commander. The battalion staff 
shall consist of the same officers, except surgeon, and shall be ap- 
pointed and commissioned on recommendation of the battalion com- 
mander. The commander of a regiment or battalion shall appoint 
by warrant, a sergeant major, quarter-master sergeant, commissary 
sergeant, hospital steward, color sergeant, ordnance sergeant, drum 
major, and two principal musicians, who shall constitute the non- 
commissioned staff. All field officers shall hold their offices for five 
years. The commissions of all staff officers shall expire when the 
officer nominating them, or his successor, shall make new nominations 
to their respective office, and such nominations shall be confirmed by 
the commander-in-chief. A battalion of cavalry shall consist of not 
more than four nor less than two companies, of not less than fifty 
enlisted men in each company; and such battalion shall be entitled 
to a major, and if over four companies should at any time be 
deemed necessary by the Governor, it shall be called a regiment, 
and be entitled, also to a lieutenant colonel, with the same staff 
officers, as a battalion of infantry, with the addition of a commissary, 
with rank as a first lieutenant. The non-commissioned staff of a bat- 
talion of cavalry, shall consist of a sergeant major, quarter-master 
sergeant, commissary sergeant, hospital steward, color sergeant, chief 
bugler, farrier-sergeant, and saddler-sergeant, who shall be appointed 
in the same manner as provided for a battalion of infantry. 

§ 7. [Companies — officers.] A company shall consist of a captain, 
a first lieutenant, a second lieutenant, five sergeants, four corporals, 
two musicians, and not less than fifty and not more than one hundred 
privates and non-commissioned officers. 

§ 8. [Cavalry companies.] A company of cavalry, or artillery, 
shall have in addition to these officers, a commissary-sergeant, a 
quarter-master sergeant, farrier, saddler and bugler; Provided that a 
company of artillery, having more than two guns, shall be entitled to 
an additional second lieutenant, and the commander, thereof shall 
rank as major. 

ARTICLE II. 

Section 1. [Election of company officers — term of office.] 
Company officers shall be elected by the members of the company, 
and shall hold their office for three years. All non-commissioned 



196 MILITARY CODE. 



officers of companies, on recommendation of their captain, shall be 
appointed by the warrant of the battalion or regimental commander. 

§ 2. [Meetings for election of officers.] All meetings for the 
election of officers to fill vacancies, shall be ordered by the brigade 
commander. The orders therefor shall be addressed to an officer of 
his command to preside at such meeting, who shall, at least one week 
previous thereto, send a notice thereof by mail, to each person entitled 
to vote thereat. The voting shall be by ballot, and a majority of all 
votes cast shall be necessary to elect, and the result thereof shall be 
forthwith returned by the officer presiding, through the regimental or 
battalion commander, to the Adjutant General. If there shall be a 
failure to elect any officer at two meetings ordered therefor, the 
commander-in-chief may fill the vacancy by direct appointment. If 
the officer designated to preside at such meeting shall not appear 
thereat, the senior officer present shall preside. 

§ 3. [Examining board — duties.] An examining board of three or 
more competent officers, appointed by the commander-in-chief, shall 
convene at such time and places as he shall direct, and examine, in 
military tactics, all commissioned officers below the rank of brigadier 
general, who shall be ordered before it. The commander-in-chief ^shall 
give at least two week's notice to all such officers to appear thereat, 
baid board shall, in twenty days after such examination, make a de- 
tailed report of its result to the commander-in-chief, who may revoke 
appointments of all officers failing to pass an examination satisfactory 
to said board. If any officer shall fail to appear for examination, on 
receiving proper notice, he may be allowed an opportunity for exami- 
nation at the next session of the board, if he shall give a satisfactory 
excuse for his absence: Provided, — that no officer who has passed a 
satisfactory examination shall be re-examined. 

§ 4. [By-laws.] Every company, battalion and regiment may make 
by-laws for its government, not in conflict with this act, or with gen- 
eral orders or regulations, which shall be binding upon the members. 

§ 5. [Term of service.] Every officer, non-commissioned officer, 
musician, and private, of the Illinois National Guard, shall be held to 
duty for the full term of five years, unless regularly discharged, for 
good and sufficient cause, by the commander of his regiment, battalion, 
or battery, approved by the brigade commander, or by order of the 
commander-in-chief. In every case of the discharge of an enlisted 
man by a commander as aforesaid, the commanding officer of his 
company shall certify, to the facts on which the application is based, 
through intermediate commanders, to the adjutant general, for the ap- 
proval or disapproval of the commander-in-chief; and each commander 
shall endorse thereon his approval or disapproval. In case of appli- 
cation for discharge or certificate of discharge for disability, such ap- 
plication shall take the same course, and shall also have the certificate 
of the proper medical officers endorsed thereon. 

§ 6. [Disbanding company.] Whenever any company of the Il- 
linois National Guard, shall become reduced to a number of less than 
fifty non-commissioned officers and privates, uniformed and active 



MILITARY CODE. 197 



members, to be ascertained by an inspection, it may be disbanded or 
consolidated with another company, by the commander-in-chief. 

§ 7. [United States the standard regulations.] The organiza- 
tion, equipment, discipline, and military, regulations of the Illinois Na- 
tional Guard, shall conform to the regulations for the government of 
the army of the United States, in all cases, except as herein otherwise 
provided; and all orders and regulations governing troops, not in con- 
flict with the constitution of this State and the provisions of this act, 
shall be binding upon all members of the Illinois National Guard. 

ARTICLE III. 

exemptions. 

Section 1. [Officers, privates, etc., exempt from jury duty 

road labor — poll. tax, etc. arms, etc., exempt from execution, 

etc. — privilege from arrest.] Every officer, non-commissioned of- 
ficer, musician, and private of the Illinois National Guard, shall be 
exempt from jury duty, from payment of road, labor and bead or 
poll-tax of every description during the time he shall hold a commis- 
sion as officer, or be enrolled as an enlisted man in the Illinois National 
Guard. The uniforms arms and equipments of every member of the 
Illinois National Guard, sball be exempt from all suits, distresses ex- 
ecutions or sales for debt or payment of taxes. The members thereof 
shall, in all cases except treason, felony or breach of the peace, be 
privileged from arrest during their attendance at drills, parades, en- 
campments, and the election of officers, and in going to and returning 
from the same. 

. ARTICLE IV. 

PARADES AND ENCAMPMENT. 

Section 1. [Drills.] The commander of each regiment, battalion 
and battery may order monthly or semi-monthly evening drills by the 
companies of his command, which shall be deemed regularly ordered 
drill within the meaning of this act. 

g '2. [Parades.] The Illinois National Guard, shall parade for drill 
not less than three (3) nor more than four days annually by company, 
battalion, regiment, or brigade, as ordered by the commander-in-chief. 

§ 3. [Commander of encampment or parade — authority.] The 
commanding officer of any encampment or parade may cause those 
under his command to perform any field or camp duty he shall re- 
quire, and may put under arrest during such encampment, or parade, 
any member of his command who shall disobey a superior officer, or 
be guilty of disorderly or unmilitary conduct, and any other person 
who shall trespass on the parade or encampment ground, or in any 
way interrupt or molest the orderly discharge of duty by the members 
of his command, and he may prohibit the sale of all spirituous 
or malt liquors within one mile of such encampment, and enforce such 



198 MILITARY CODE. 



prohibition by force, if necessary: Provided, however, — that nothing 
herein contained shall be construed to interfere with the regular business 
of any liquor dealer whose place of business shall be situated within 
said limits before the commencement of said encampment. 

§ 4. [Target practice.] The brigade commander shall direct such 
target practice, at the annual parades and encampments as he may 
deem expedient, and he may command at each general encampment, 
and report the conduct and discipline thereof, to the commander-in- 
chief. 

ARTICLE V. 

arms, asd armories. 

Section 1. [Issuing arms — bond — arms, etc., kept at armory.] 
Upon the organization of any company or battalion of the Illinois 
National Guard, on the requisition of its commanding officer, and the 
approval of the Governor, the quarter-master general, shall issue all 
necessary ordnance stores: Provided, however, that when any arms or 
munition are delivered to any commander, he shall execute and de- 
liver to the Adjutant General, a bond, payable to the people of the 
State of Illinois, in a sufficient amount and with sufficient security, 
to be approved by the Governor, conditioned for the proper use of 
such arms, and munition, and the return of the same, when requested 
by the proper officers, in good order — wear, use, and unavoidable loss 
and damage excepted. All such arms and munitions shall be kept at 
the company or regimental armory, 

§ 2. [Inspector-general — duties.] The inspector general shall 
critically inspect, as often as he may deem necessary, every branch 
connected with the military service, including armories, arsenals, and 
military store-houses; and he shall report to general headquarters the 
improvement in discipline and tactical instruction of the Illinois Na- 
tional Guard. He shall organize the inspector general's department, 
and shall prescribe the rules and regulations for its government, and 
shall decide upon the necessary blank forms required by his depart- 
ment, and see that the same are furnished at the proper time. 

§ 3. [Annual inspection — expenses.] The entire Illinois National 
Guard, and all armories, ordnance stores and camp equipage belong- 
ing to the State, shall be inspected at least once in each year, 
under such rules and regulations as may be provided by the inspector 
general, with the approval of the commander-in-chief, and all the neces- 
sary traveling expenses incurred therein, shall be paid on requisition 
in the same manner as hereinafter provided for. 

§ 4. [Commanders of regiments, etc., to report to inspector- 
general.] Commanders of regiments, battalions, troops, batteries, or 
separate companies shall furnish to the inspector general such informa- 
tion as he may require as to the number and kind of arms, equip- 
ments, and military property of the State issued to their respective 
regiments, battalions, troops, batteries, or separate companies; and at 
the inspection of any armoiy, arsenal, or military store-house, if the 



MILITARY CODE. 199 



inspector general finds the property which ought to be kept therein, 
or any part of it missing, injured, unfit, for use. or deficient in any 
respect, he shall forthwith report the facts in respect thereto to the 
commander-in-chief. 

§ 5. . [Inspector-general's report.] In his annual report, the in- 
spector general shall state what general and field officers have been 
in command of parades and encampments, what changes of general 
and field officers have been made, and what degree of improvement 
has been attained by both officers and men, and whether the general 
regulations have been obseived, together with such other suggestions 
as he may see fit to make. 

§ 6. [Brigade inspectors — duties.] The brigade inspectors, when- 
ever required by the inspector general, shall report to him the con- 
dition of their respective brigades, and shall also, upon his request, 
report to him upon any matter properly belonging to his department 
which may require examination, within their respective division or 
brigade districts. Ail such reports shall be addressed to the inspector 
general, but shall be forwarded through brigade commanders. 

§ 7. [Armories — penalty for false return.] The armory of each 
regiment, battalion, or company, shall be subject to the orders of the 
adjutant general, be under the charge of its commanding officer, who 
shall keep therein all property furnished by the State. And no company 
shall be furnished with arms or equipments until a suitable armory 
shall be provided for their deposit. Nor shall such arms be loaned or 
taken from such armories by individual members of companies. Any 
officer, non-commissioned officer or private of the Illinois National 
Guard, knowingly making any false certificate, or false returns of State 
property in his hands, or neglecting or refusing to apply all money 
drawn from the State Treasurer for the purpose named in the requisi- 
tion therefor, shall be deemed guilty of embezzlement, and shall be 
punished in the manner as provided for that offense in the Crim- 
inal Code of this State. 

ARTICLE VI. 

Section I. [General inspector of rifle practice.] The gen- 
eral inspector of rifle practice shall have charge of rifle practice 
throughout the State; shall direct the manner in which the same shall 
be conducted, and shall report to the inspector general. 

§ 2. [Brioade, etc., inspectors of rifle practice.] The brigade 
regimental and battalion inspectors of rifle practice shall perform such 
duties as may, from time to time be prescribed by the general in- 
spector of rifle practice with the approval of the inspector general. 

§ 3. [Pay- — expenses of rifle ranges, etc.] Such inspector of 
rifle practice shall be paid as is hereinafter prescribed the same as for 
camd duty, subject to the approval of the inspector general and com- 
manper-in-chief. The expense of procuring and maintaining proper 
rifle ranges, procuring ammunition, the necessary printing, and all 



200 MILITARY CODE. 



other things deemed proper for the promotion of rifle practice by the 
Illinois National Guard, shall be paid for from the military fund, on 
bills of particulars approved by the commander-in-chief. 

ARTICLE VII. 

COURTS MARTIAL. 

Section 1. [Courts martial — how constituted.] General courts- 
martial for the trial of commissioned officers shall be ordered by the 
commander-in-chief at such times as the interest of the service may 
require, and shall consist of not less than three (3) nor more than five 
(5) officers, the majority of whom shall not be of inferior rank to the 
accused when practicable. 

§ 2. [May try commissioned officers.] Commissioned officers 
may be tried by courts-martial for the following offenses; for drunken- 
ness on duty; for neglect of duty; for oppression of any under his 
command; for disobedience of orders or any act contrary to the pro- 
visions of this act, or for conduct unbecoming an officer and gentle- 
man, or to the prejudice of good order or military discipline. 

§ 3. [Regimental court martial.] For the trial of non-commis- 
sioned officers, musicians and privates, the commanding officer of each 
brigade shall at such times as shall be necessary, appoint a regimental 
court-martial for any regiment, battalion or company in his brigade, 
which shall consist of not less than three (3) nor more than five (5) 
commissioned officers one of whom shall be a field officer. 

§ 4. [Offenses cognizable by court martial.] Any non-com- 
missioned officer, musician or private, may be tried by court-martial 
for drunkenness on duty, for neglect, of duty, for mutiny or desertion, 
for disobedience of orders or for conduct unbecoming a soldier, or to 
the prejudice of good order or military discipline. 

§ 5. [Trial according to u. s. army regulations.] In all gen- 
eral or regimental courts-martial, the arraignment of the accused the 
proceedings, trial and record shall conform to the regulations for the 
discipline of the army of the United States, except as herein other- 
wise provided, and the sentences of such courts shall be in accordance 
with the nature and degree of the offense, and according to established 
military usage, but shall not extend further in time of peace, than dis- 
missing or discharging the officer or soldier, and disqualifying him 
from holding any military office in this State. Provided, however, that 
all such court-martials shall be held with open doors and the accused 
shall have the right to defend by himself or counsel of his own se- 
lection, and the examination of witnesses shall be conducted orally in 
such proceedings and the accused or his counsel may present to said 
court arguments, either in writing or orally. 

§ 6. [Judge advocate.] The judge advocate of each brigade shall 
perform the duties of such office in all courts-martial in his district. 
When such judge advocate shall be unable to attend from any cause, 



MILITARY CODE. 201 



or shall be disqualified by interest or relationship, in which case the 
brigade commander may designate some commissioned officer to act as 
judge advocate in his place. 

§ 1. [Witnesses — fees.] Witnesses for the prosecution and de- 
fense may be summoned to attend by subpoena signed by the judge 
advocate. Any witness duly summoned, who shall fail to appear and 
testify may be, by warrant of the president of court, directed to the 
sheriff or any constable, arrested and treated as in like cases before 
civil courts. The fees of all witnesses shall be the same as allowed 
in civil cases, to be taxed with the necessaiy expenses of the judge 
advocate and the court, by the president of the court, and paid by the 
State Treasurer, on the Auditor's warrant, to the judge advocate, who 
shall pay all the expenses of the trial, when received by him. 

§ 8. [Finding, etc., of court martial forwarded to commander- 
in-chief.] The proceedings and findings of any court-martial shall, 
without delay, be forwarded through the proper channel to the com- 
mander-in chief, who shall within fifteen (15) days after receiving the 
same, approve or disapprove of such proceedings and findings, and 
may, in his discretion modify or remit the sentence of such court. 

§ 9. [Regulations in cases of riot, etc — violation — extent of 
punishment.] Whenever any portion of the military forces of this 
State shall be ordered by the commander-in-chief, to assemble for the 
purpose of suppressing any riot, insurrection, invasion, or in time of 
public danger, the rules and articles of war and general regulations 
for the government of the army of the United States, so far as they 
are applicable, and with such modifications as the commander-in-chief 
may prescribe, shall be considered in force and regarded as part of 
this act during the Continuance of such service. But no punishment 
under such rules and articles which shall extend to the taking of life 
shall in any case be inflicted, except in time of actual war, invasion, 
or insurrection, declared by proclamation of the .Governor to exist, and 
then only after approval by the commander-in-chief, of the sentence 
inflicting such punishment. 

ARTICLE VIII. 



/ pay department. 

Section 1. [Pay of officers.] All officers of the Illinois National 
Guard shall receive the same pay as enlisted men and no inore; 
Provided, that when in actual service for the suppression of riot and 
the enforcement of the laws the officers of the Illinois National Guard 
shall receive the same pay provided by law for officers of the United 
States army of like grade for each days service actually so performed, 
said payments to be made on rolls prescribed by the adjutant general. 

§ 2. [Pay of enlisted men.] The enlisted men of the Illinois 
National Guard shall receive one (I) dollar for each day's service with 
transportation and necessary rations at any parade or encampment 
authorized by law in article 4, section 2 of this act and in going to 



202 MILITARY CODE. 



and returning from the same, and while under any orders of the 
commander-in-chief, or other proper authority for the purposes and in 
the manner herein provided. And each mounted non-commissioned 
officer, musician and private, shall receive in addition to the above 
one ($1) dollar per day and forage for his horse; and the commander 
of each battery shall be allowed one ($1) dollar per day and forage 
for each horse necessary for moving the same. Provided, nothing in 
this act shall be so construed as to allow pay to officers or men for 
more than four days during any one year, except during a time of 
riot, insurrection or invasion. 



ARTICLE IX. 



MEDICAL SERVICE. 



Section 1. [Medical staff.] The medical staff of the Illinois 
National Guard shall have charge of that branch of the service, under 
the supervision of the surgeon general. 

§ 2. [Medical stores and supplies.] A surgeon in charge in the 
field or at a camp of instruction, may draw on requisition such medi- 
cal stores and supplies as, in his judgment may be needed, and for 
which he shall account, on forms provided by the quartermaster 
general. 

§ 3. Surgeon general to prescribe forms, blanks, etc., for 
reports] The surgeon general may prescribe the necessary forms and 
blanks for the work of his department, and all subordinate surgeons of 
the entire Illinois National Guard will obey his orders, and report as 
often as he may prescribe the transactions of their department. 

ARTICLE X. 

APPROPRIATIONS. 
§ 1. [TAX TO CREATE MILITARY FUND HOW EXPENDED.] There 

shall be levied and collected annually, in each county within this 
State at the same time, and in the same manner that all State and 
county taxes are levied and collected, one-tenth (l- 1 0) of a mill on 
each dollar of taxable property in this State, situate in said county, to 
be set apart as a military fund of this State. Three-fourths (f) of 
of said fund shall annually be divided distributed and paid by the 
Governor and adjutant general to the several regiments, battalions, 
companies and batteries in proportion to the number of officers and men 
regularly reporting for duty in each of them respectively, for the pay- 
ment of armory rent, fuel, lights, insurance, janitor, and like neces- 
sary expenses, and for the subsistence and pay of the officers and 
men. 

§ 2. [Expenses of courts martial, etc'.] Out of the balance of 
said fund shall be paid expenses of courts martial, and proper clothing, 
equipments, medical supplies, expenses of transportation, quartermas- 
ters supplies, camp and garrison equipage while on duty, and all nee- 



MILITARY CODE. 203 



essary expenses of brigade, regimental or battalion headquarters Pro- 
vided, there shall not be allowed to any brigade headquarters to exceed 
five hundred dollars ($500) and to regimental or battalion headquar- 
ters not to exceed two hundred dollars ($200). 

§ 3. [Contingent military fund.] All unexpended balance of the 
above appropriation, may be used as a contingent military fund in 
emergencies on order of the commander-in-chief. 

ARTICLE XL 

GENERAL PROVISIONS. 

8 1 . [Regimental band.] The commanding officer of each regi- 
ment, or battalion may, in his discretion enlist or organize a band, 
under the leadership of a principal musician of his command, not to 
exceed sixteen in number, for a regiment, and twelve for a battalion, 
who shall be subject to the orders of such leader, and under the com- 
mand of the regimental or battalion commander; and delinquents of 
such band, shall be subject to the same penalties as are prescribed for 
all enlisted men. 

§ 2. [Pay when under orders.] For each day's duty when under 
orders from the commarider-in-chief, or as a witness or a defendant, 
under summons from the president or judge advocate, of a court 
martial, officers and men shall be paid as hereinbefore provided for 
camp duty. 

§ 3. [Books of instruction, record, etc] There shall be provided 
by the quartermaster general, such books of record and books of in- 
struction as may, be necessary for the proper performance of the 
various duties required by the code, the same to be paid for on bills 
of particulars approved by the Governor and drawn from the military 
fund. 

§ 4. [Company not to leave state with arms, except.] No 
military company shall leave the State with arms and equipments with- 
out the consent of the commander-in-chief, and any company so offend- 
ing in this particular, may be disbanded by the commander-in-chief. 

§ 5. [Other organizations prohibited.] It shall not be lawful 
for any body of men whatever, other than the regular organized vol- 
unteer militia of this State, and the troops of the United States, to 
associate themselves together as a military company or organization, 
or to drill or parade with arms in any city, or town, of this State, 
without the license of the Governor thereof, which license may at any 
time be revoked: And, provided, further, that students in educational 
institutions where military science is a part of the course, of instruc- 
tion, may, with the consent of the Governor, drill and parade with 
arms in public, under the superintendence of their instructors, and may 
take part in any regimental or brigade encampment under command 
of their military instructor; and while so encamped shall be governed 
by the provisions of this act. They shall be entitled only to trans- 
portation and subsistence, and shall report and be subject to the com- 



204 



MILITARY CODE — MINERS. 



niandant of such encampment. Provided, that nothing herein contained 
shall be construed so as to prevent benevolent or social organizations 
from wearing swords. 

§ 6. [Penalty for violation of act.] Whoever offends against 
the provisions of the preceding section or belongs to or parades with 
any such unauthorized body of men with arms, shall be punished by 
a line not exceeding the sum of ten dollars ($lo) or by imprisonment 
in the common jail for a term not exceeding six months or both. 

§ 7. [Appropriates $25,000.] Inasmuch as the appropriation pro- 
vided for in article ten (10) of this act cannot be realized until the 
year 1880 there is hereby appropriated, and set apart as a military 
fund until that time the sum of twenty-five thousand dollars ($25,000) 
out of any money in the treasury not otherwise appropriated, and all 
moneys heretofore or hereafter collected under the provisions of an 
act entitled An act to provide, for the organization of the State Militia 
and entitled the Military Code of Illinois, approved May 18th, 1877, 
in force July 1st, 1877, which moneys, including said sum of twenty- 
five thousand dollars ($25,000), shall be used, and applied for the 
purposes and in the manner specified in article ten (10) of this act. 

§ 8. [Repeal.] All acts and parts of acts inconsistent with the 
provisions contained in this act are hereby repealed. 

Approved May 28th, 1879. 



MINERS. 



§ 1. Map of mine to be kept, etc. 

§ 2. Inspector may make map at cost of 
owner. 

§ 3. Escapement shaft— roadway— mean- 
ing of ' 'owner ' ' 

8 4. Ventilation— safety lamp. 

§ 5. Bore holes. 

§ 6. Signals— hoist-ways— who may be em- 
ployed. 

§ 7. Operating hoist-ways — competent en- 
gineer. 

§ 8 Boilers examined— fencing shaft -sig- 
nals, etc 



§ 9. Accidents— duty of inspector. 

§ 10. Fines— penalties, etc, 

§ 11. Inspectors —oath — bond— compensa- 
tion— removal. 

§ 12. Inspectors' duties— statistics. 

§ 13. Inspection of mines— refusal of own- 
er to permit. 

§ 14. Injuries - remedies in favor of widow . 

§ 15. Conduct of miners— disobedience, etc. 

§ 16. Timber for props, etc. 

§ 17. Repeal. 



An Act providing for the health and safety of persons employed in 
coal mines. Approved May 28, 1879. In force July 1, 1879. 

Section ,j . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That the owner or agent or 
operator of each and every coal mine in this State, employing ten 
men or more, shall make or cause to be made, at the discretion of 
the inspector, or person acting in that capacity, an accurate, map or 
plan of the workings of such coal mine, and of each and every vein 
thereof, showing the general inclination of the strata, together with 



MINERS. 205 



any material deflections in the said workings, and the boundary lines 
of said coal mine, and deposit a true copy of said map or plan with 
the inspector of coal mines, to be filed in his office, and an- 
other true copy of said map or plan with the recorder of the 
county in which said coal mine is situated, to be filed in his 
office, both of which said copies shall be deposited as aforesaid 
within three months from the day when this act shall go in- 
to effect; and the original or a copy of such map or plan, shall also 
be kept for inspection at the office of such coal mine; and during the 
month of January of each and every year after this act shall go into 
effect, the said owner agent, or operator shall furnish the inspector 
and recorder, as aforesaid, with a statement and a further map or plan 
of the progress of the workings of such coal mine, continued from the 
last report to the end of the December month just preceding; and 
the inspector shall correct his map or plan of said workings in accord- 
ance with the statement and map or plan thus furnished; and when 
any coal mine is worked out or abandoned, that fact shall be reported 
to the inspector, and the map or plan of such coal mine in the office 
of said inspector shall be carefully corrected and verified. 

§ 2. [Inspector may make map at cost of owner.] Whenever 
the owner, agent or operator of any coal mine shall neglect or refuse 
to furnish the said inspector and ' recorder, as aforesaid, with the 
statement, the map or plan, or addition thereto, as provided in the 
first section of this act, at the times and in the manner therein pro- 
vided, the said "inspector is hereby authorized to cause an accurate 
map or plan of the workings of such coal mine to be made at the ex- 
pense of said owner, agent or operator, and the cost thereof may be 
recovered by law from said owner, agent or operator, in the same 
manner as other debts, by suit in the name of the inspector and for 
his use. 

§ 3. [Escapement shaft — roadway — meaning of "owner."] In 
all coal mines that are, or have been in operation prior to the first 
day of July, in the year of our Lord 1879, and which are worked by 
or through a shaft, slope or drift, and in which more than ten miners 
are employed in each twenty-four hours, if there is not already an 
> escapement shaft to each and every said coal mine, or communication 
between each and every coal mine, and some other contiguous mine, 
then there shall be an escapement shaft for other communication, such 
as shall be approved by the mine inspector, making at least two dis- 
tinct means of ingress and egress for all persons employed oi permit- 
ted to work in such coal mine. Such escapement shaft or other com- 
munication with a contiguous mine as aforesaid, shall be constructed in 
connection with every vein or stratum of coal worked in such coal 
mine; and the time to be allowed for such construction shall be one 
year when such mine is under 100 feet in depth; two years when 
such mine is over one hundred (100) feet in depth and under three 
(300) hundred feet, and three years, when it is over three hundred 
(a00) feet and under four hundred (400) feet, and four years when it 
is over four hundred feet in depth, and five years for all mines over 
five hundred (500) feet, from the time this act goes into effect; and 
in all cases where the working force of one mine has been driven up 



206 MINERS. 



to or into the workings of another mine, the respective owners of 
such mine, while operating the same, shall keep open a roadway at 
least two and one-half feet high and four feet wide, thereby forming 
a communication as contemplated in this act; and for a failure to do 
so shall be subject to the penalty provided for in section ten of this 
act, for each and every day such roadway is unnecessarily closed, 
each and every such an escapement shaft shall be separated from the 
main shaft by such extent of natural strata as shall secure safety to 
the men employed in such mines; such distance to be left to the dis- 
cretion of the mine inspector or person acting in that capacity, and 
in all coal mines that shall go into operation for the first time after 
the first day of January, A. D. 1880, such an escapement or other 
communication with a contiguous mine as aforesaid, shall be con- 
structed within one year after such mine shall have been put into 
operation. And it shall not be lawful for the owner, agent or opera- 
tor of any such coal mine as aforesaid to employ any person to work 
therein, or permit any person to go therein for the purpose of work- 
ing, except such persons as vaa,y be necessary to construct such an es- 
capement shaft, unless the requirements of this section shall have 
first been complied with, and the term owner used in this act shall 
mean the immediate proprietor, lessee or occupant of any coal mine 
or any part thereof, and the term agent shall mean any person having 
on behalf of the owner the care or management of any coal mine or 
any part thereof: Provided, — nothing in this section shall be construed 
to extend the time allowed by law for constructing escapement shafts. 

§ 4. [Ventilation — safety-lamp.] The owner agent or operator, 
of every coal mine, whether operated by shaft slope or drift, shall 
provide and maintain for every such mine a sufficient amount of ven- 
tilation, to be determined by the inspector at the rate of one hundred 
cubic feet of air per man per minute, measured at the foot of the 
down-cast, which shall be forced and circulated to the face of every 
working place throughout the mine, so that said mine shall be free 
from standing gas of whatsoever kind; and in all mines where fire- 
damp is generated every working place where such fire damp is known 
to exist shall be examined every morning with a safeXy lamp by a 
competent person, before any other persons are allowed to enter. 
The ventilation required by this section may be produced by any 
suitable appliances, but in case a furnace shall be used for ventilating 
purposes, it shall be built in such a manner as to prevent the com- 
munication of fire to any part of the works by lining the up-cast with 
incombustible material for a sufficient distance up from said furnace. 

§ 5. [Bore holes.] The owner, agent or operator shall provide 
that bore holes shall be kept twenty feet in advance of the face of 
each and every working place, and if necessary, on both sides, when 
driving towards an abandoned mine or part of a mine suspected to 
contain infiarnable gases, or to be inundated with water. 

§ 6. [Signals — hoist ways — who may be employed.] The owner, 
agent or operator of every coal mine operated by shaft shall provide 
suitable means of signaling between the bottom and top thereof, and 
shall also provide safe means of hoisting and lowering persons in a 



MIJJE&S. 207 



cage covered with boiler iron, so as to keep safe, as far as possible, 
persons descending into and ascending out of such shaft; and such 
cage shall be furnished with guides to conduct it on slides through 
such shaft, with a sufficient brake on every drum to prevent accident 
in case of the giving out or breaking of the machinery; and such 
cage shall be furnished with spring catches intended and provided, as 
far as possible, to prevent the consequences of cable breaking or the 
loosening or disconnecting of the machinery; and no props or rails 
shall be lowered in a cage while men are descending into or ascend- 
ing out of said mine: — Provided, that the provisions of this section in 
relation to covering cages with boiler iron, shall not apply to coal 
mines less than one hundred feet in depth, where the coal is raised 
by horse power. No person under the age of twelve years, or females 
of any age, shall be permitted to enter any mine to work therein, nor 
shall any boy under the age of fourteen, unless he can read and 
write, be allowed to work in any mine, any party or person neg- 
lecting or refusing to perform the duties required to be performed by 
sections four, five, six, seven, and eight, shall be deemed guilty of a 
misdemeanor, and punished by fine in the discretion of the court try- 
ing the same, subject, however to the limitations as provided by sec- 
tion ten of this act. 

§ 7. [Operating hoist-way — competent engineer.] No owner, 
agent or operator of any coal mine, operated by shaft or slope, shall 
place in charge of any engine, whereby men are lowered into or hoisted 
out of the mines, "any but an experienced, competent and sober per- 
son not under the age of 18 years; and no person shall ride upon a 
loaded cage or wagon used for hoisting purposes in any shaft or slope, 
and in no case shall more than twelve persons ride on any cage or 
car at one time, nor shall any coal be hoisted out of any coal mine 
while persons are descending into such coal mine; and the number of 
persons to ascend out of or descend into any coal mine, on one cage shall 
be determined by the inspector, the maximum number so fixed shall 
not be less than four, nor more than twelve, nor shall be lowered or 
or hoisted more rapidly than six hundred feet to the minute. 

§ 8. [Boilers examined — fencing shaft — safety valves — signals' 
-v-places of refuge.J All boilers used in generating steam in and 
about coal mines shall be kept in good order, and the agent, owner 
or operator, as aforesaid, shall have said boilers examined and inspected 
by a competent boiler maker, or other qualified person, as often as 
once every six months, and oftener if the inspector shall deem it nec- 
essary, and the result of every such examination shall be certified, in 
writing, to the mine inspector; and the top of each and every shaft, 
and the entrance to each and every intermediate working vein, shall 
be securely fenced by gates properly covering and protecting such 
shaft and entrance thereto; and the entrance to every abandoned slope, 
air or other shaft shall be securely fenced off; and every steam boiler 
shall be provided with a proper steam guage, water gauge and safety 
valve; and all underground, self-acting or engine planes, or gangways, on 
which coal cars are drawn and persons travel, shall be provided with some 
proper means of signaling between the stopping-places and, the end 
of said planes or gangways, and sufficient places of refuge at the 



208 MINERS. 



sides of such planes or gangways shall be provided at intervals of not 
more than twenty feet apart. 

§ 9. [Accidents — duty of inspector.] Whenever loss of life, or 
serious personal injury shall occur by reason of any explosion, or of 
any accident whatsoever, in or about any coal mine, it shall be the 
duty of the- person having charge of such coal mine to report the 
facts thereof, without delay, to the mine inspector of the county in 
which said coal mine is situated; and if any person is killed thereby, 
to notify the coroner of the county also, or, in his absence or inability 
to act, any justice of the peace of said county, and the said inspector 
shall, if he deem it necessary from the facts reported, immediately go 
to the scene of said accident, and make such suggestions, and render 
such assistance as he may deem necessary for the safety of the men. 
And the inspector shall investigate and ascertain the cause of such explosion 
or accident, and make a report thereof, which he shall preserve with 
the other records of his office; and to enable him to make such inves- 
tigations he shall have power to compel the attendance of witnesses, 
and administer oaths or affirmations to them, and the cost of such 
investigations shall be paid by the county in which such accident has 
occurred, in the same manner as costs of coroners inquests are now 
paid. And the failure of the person in charge of the coal mine in 
which any such accident may have occurred, to give notice to the in- 
spector or coroner, as provided for in this section, shall subject such 
person to a fine of not less than twenty-five dollars nor more than one 
hundred dollars, to be recovered in the name of the People of the 
State of Illinois, before any justice of the peace of such county, and 
such fine, when collected, shall be paid into the county treasury for 
the use of the county in which any such accident may have occurred. 

§ 10. [Fines, penalties, etc.] In all cases in which punishment 
is provided by fine under this act for a breach of any of its provis- 
ions, the fine for a first offense shall not be less than fifty dollars and 
not more than two hundred dollars, and for the second offense not 
less than one hundred dollars or more than five hundred dollars, in 
the discretion of the court, except as specially provided for in section 
nine of this act. 

§11. [Inspectors — oath — bond — compensation — removal.] The 
county board in each and every county in this State in which mining- 
is now or may be hereafter carried on is hereby authorized, and it is 
made its duty, to appoint an inspector of mines at its September meet- 
ing, who shall have been a resident of the county for which he is ap- 
pointed for one year, previous to his appointment. He shall be re- 
quired to enter into a bond to the county board of said county for a 
sum not less than one thousand dollars nor more than three thousand 
dollars, conditioned upon the due and faithful performance of his duties; 
said bond to be accompanied by good and sufficient security, to be ap- 
proved by the said county board. He shall also take an oath of office as 
provided for by the constitution, and he shall be required to furnish 
satisfactory evidence that he has had sufficient practical experience in 
and around mines to discharge the duties of said office, and to see 
that the provisions of this act are faithfully complied with. He shall 



MINERS. 200 



not be interested as owner, stockholder, superintendent or operator, or 
be interested in operating any mine during his term of office, which 
shall be one year, but he may be re-appointed as often as the county 
board may think proper. The county board of such counties shall fix 
the number of days to be employed by the county inspector in in- 
specting the different mines in his county, and enter the same upon 
the records of said board. He shall receive such compensation for his 
time actually employed in the performance of the duties of his office, 
to be verified by his affidavit, to be not less than three dollars, nor 
more than five dollars per day, to be paid out of the county treasury. 
The county board shall also provide an anemometor and all necessary 
instruments for testing the air, and in all cases where the inspector 
finds the provisions of this act, or any of them, not complied with in 
operating any mine, it is made his duty to demand and, if necessary, 
compel by law the collection from the owner or operators of such mine 
all expenses of said inspection as provided in section two (2) of this 
act: Provided, — hoicever, that in all cases where the county commissioners 
fail or refuse to appoint a competent and experienced inspector, or 
where the said inspector fails to attend to or perform, the duties of 
his office in accordance with the meaning and intent of this act, the 
Circuit Judge of said county shall, at the request of any ten citizens 
of said county and upon proper proof of the incompetency or neglect 
of said inspector to properly perform the duties of his office, remove 
the said inspector and appoint a properly qualified person to perform 
the duties of said inspector for the unexpired term. 

§ 12. [Inspector's duties — statistics.] The inspector, provided 
for under this act, shall see that every necessary precaution is taken 
to insure the health and safety of the workmen therein employed; 
that the provisions and requirements of this act be faithfully observed 
and obeyed, and the penalties of the law enforced against all who 
willfully disobey its requirements. He shall also collect and tabulate 
the following facts, that is to say: The number of acres of workable coal 
lands in his county; the number and thickness of the coal beds, and 
their respective depths below the surface; how they are mined, wheth- 
er by shaft, slope, or drift; the number of mines in operation, the 
number of men employed therein, and the aggregate yearly production 
in tons; together with an estimate of the amount of capital employed 
in coal mining in this county, and any other information relative to 
coal mining that he may deem necessary; all of which facts so tabu- 
lated, together with a statement of the condition of the mine, as to 
safety and ventilation, and the general result of his examination into 
the causes of all accidents in and about the coal mines of his county; 
he shall fully set forth, in an annual report to the Governor, with his 
recommendations as to such other legislation on this subject as may 
be proper; he shall also furnish such information as he may have ob- 
tained on this subject, when called for by the State geologist. 

§ 13. [Inspection of mines — refusal op owner to permit, etc.] 
It shall be lawful for the inspector, provided for in this act, to enter, 
examine and inspect any and all coal mines and machinery belonging 
thereto, at all reasonable times, by day or by night, but so as not to 
obstruct or hinder the necessary workings of such coal mine, and the 



210 MINERS. 



owner, agent or operator of every such coal mine is hereby required 
to furnish all necessary facilities for entering such examination and in- 
spection, and if the said owner, agent or operator aforesaid shall re- 
fuse to permit such inspection or to furnish the necessary facilities for 
such entry, examination and inspection, the inspector shall file his 
affidavit setting forth such refusal, with the judge of the circuit 
court in said county in which said mine is situated, either in term 
time or vacation, or, in the absence of said judge, with the master in 
chancery in said county in which said mine is situated, and obtain 
an order on such owner, agent or operator so refusing as aforesaid, 
commanding him to permit and furnish such necessary facilities for 
the inspection of such coal mine, or to be adjudged to stand in con- 
tempt of court and punished accordingly, and if the said inspector 
shall, after examination of any coal mine and the works and machinery 
pertaining thereto, find the same to be worked contrary to the pro- 
visions of this act, or unsafe for the workmen therein employed, said 
inspector shall, through the States attorney of his county, or any attor- 
ney, in case of his refusal to act, acting in the name and on behalf of 
the State, proceed against the owner, agent or operator of such coal 
mine by injunction without bond, after giving at least two days no- 
tice to such owner, agent or operator; and said owner, agent or operator 
shall have the right to appear before the judge or master to whom the 
application is made, who shall hear the same on affidavits and such other 
testimony as may be offered in support as well as in opposition there- 
to, and if sufficient cause, appear the court, or judge in vacation, by 
order shall prohibit the further working of any such coal mine in 
which persons may be unsafely employed contrary to the provisions 
of this act, until the same shall have been made safe and the require- 
ments of this act shall have been complied with, and the court shall 
award such costs in the matter of the said injunction as may be just; 
but any such proceedings so commenced shall be without prejudice to 
any other remedy permitted by law for enforcing the provisions of 
this act. 

§ 14. [Injuries — remedies in favor of widow, etc.] For any 
injury to person or property, occasioned by any willful violations of 
this act or willful failure to comply with any of its provisions, a right 
of action shall accrue to the party injured for any direct damages sus- 
tained thereby; and in case of loss of life by reason of such willful 
violation or willful failure as aforesaid, a right of action shall accrue 
to the widow of the person so killed, his lineal heirs or adopted chil- 
dren, or to any other person or persons who were before such loss of 
life, dependent for support on the person or persons so killed, for a 
like recovery of damages for the injuries sustained by reason of such 
loss of life or lives. 

§ 15. [Conduct of miners — injury to machinery, disobedience* 
etc.] Any miner, workmen or other person who shall knowingly in- 
jure any water-gauge, barometer, air-course or bratice, or shall obstruct, 
throw open any air-ways, or carry any lighted lamps or matches into 
places that are worked by the light of safety lamps, or shall handle 
or disturb any part of the machinery of the hoisting engine, or open 
a door in the mine and not have the same closed again, whereby danger 



MINERS — MORTGAGES. 211 



is produced either to the mine or those at work therein; or who shall 
enter into any part of the mine against caution; or who shall disobey 
any order given in pursuance of this act; or who shall do any willful 
act whereby the lives and health of persons working in the mine, or 
the security of the mine or mines, or the machinery thereof, is endanger- 
ed, shall be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by fine or imprisonment, at the discretion of the 
court. 

§ 16. | Timber for props, etc.] The owner, agent or operator of 
any coal mine shall keep a sufficient supply of timber, where required 
to be used as props, so that the workmen may at all times be able to 
properly secure the said workings from caving in; and it shall be the 
duty of the owner, agent or operator to send down all such props 
when required. 

§ 17. [Repeal.] All acts or parts of acts inconsistent with the 
provisions of this act are and the same are hereby repealed. 

Approved May 28th, 1879. 



MORTGAGES. 



POWERS OF SALE IN MORTGAGES AND TRUST DEEDS. 
8 1. Foreclosure. 

An Act in relation to Mortgages and Trust Deeds. Approved May 1, 
1879. In force July 1, 1879. 

Section 1 . [Foreclosure.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That no real 
estate within this State, shall be sold by virtue of any power of sale, 
contained in any mortgage, trust deed or other conveyance in the 
nature of a mortgage, executed after the taking effect of this act; but 
ail such mortgages, trust deeds or other conveyances in the nature of 
a mortgage, shall only be foreclosed, in the manner provided for fore- 
closing mortgages containing no power of sale; and no real estate 
shall be sold to satisfy any such mortgage, trust deed or other convey- 
ance in the nature of a mortgage, except in pursuance of a judgment or 
decree of a court of competent jurisdiction. 

Approved May 7th, 1879. 



212 PARKS. 



PARKS. 



CONTINUANCE OF TOWNS FOR PARK PURPOSES. 

8 1. Township organization for park pur- I § 2. Question of continuance submitted 
poses. to electors. 

| S3. Exception. 

An Act concerning the continuance of towns for park purposes. Ap-> 
proved May 28, 1879. In force July 1, 1879. 

Section 1. [Township organization continued for park pur- 
poses.] Be it enacted by the People oj the State of Illinois, repre- 
sented in the General Assembly, That where a town existing under 
township organization, and being also one of two or more towns for 
park purposes and whose commissioners are corporate authorities there- 
of, duly authorized to levy taxes and assessments for park purposes, 
shall, by the order and determination of the county board be annexed 
to or consolidated with another town or towns as authorized by the 
law concerning township organization, such town shall, for such park 
purposes, remain and continue, and the corporate authorities aforesaid 
shall be continued with all their powers, duties and obligations, and 
all taxes and assessments for park purposes, shall be levied, extended 
and collected with like force and effect as if such annexation and 
consolidation had not taken place. 

§ 2. [Question of continuance submitted to electors.] When 
the county board of commissioners or supervisors wish to consolidate 
a town with some other town or towns, or change the boundaries 
thereof, and where the corporate authorities of the town proposed to 
be abolished, or changed, or consolidated, are authorized to assess, 
levy and certify taxes for park purposes, such county board shall first 
submit to the legal voters of the town at an election to be held on 
the Tuesday after the first Monday of November, the question whether, 
such town shall be established, and continued as a park district or 
town for park purposes, the tickets shall be written or printed, "For 
Park District," or, "Against Park District," and if a majority of the 
votes cast at the election on that subject, shall be for a park district, 
then the park district shall be deemed as established, and the town 
continued for park purposes, and the park commissioners appointed 
pursuant to law, shall thereupon be the corporate authorities of such 
park district or town, and shall have and exercise all the power, and 
authority, and perform all the duties enjoined by law, on the corporate 
authorities of such town, for the establishment or maintenance of the 
park, and for the discharge of all debts, bonds, obligations and con- 
tracts of such town for park purposes. The mode of conducting such 
election, the returns thereof, and the notice therefor, the canvassing 
and contesting the same, shall be as nearly as may be, as in case of i 
county officers. If such park district is established, or town con- 
tinued for park purposes, as aforesaid, then the county board, may, 
proceed to consolidate said town with another town or towns, or: 
change the boundaries thereof, in the manner provided by law. 



PARKS. 213 



§ 3. [ Exceptions.] Nothing in this act shall be held to abrogate 
any of the powers, duties or functions of the park commissioners of 
any town or towns, as established by law, nor to impair the validity 
of any tax, or assessment or the collection thereof, levied or in pro- 
cess of collection prior to such annexation or consolidation, nor to 
disturb the relations which may exist between any town so annexed or 
consolidated with other towns composing the same park district for 
park purposes. 

Approved May 28th, 1879. 



CORPORATE AUTHORITIES-BONDS-PAYMENT. 

§ 1. Corporate authorities may levy park I 

tax. § 18. Sale of bonds -application of pro- 
8 1(5. Funding- indebtedness— bonds may be | ceeds. 

issued. I § 19. Provision for payment of bonds. 

§ 17. How bonds executed— amount— how | § 30. Emergency. 

payable. , I 

An Act to amend section one (]) of an act entitled "An Act in regard to 
the completion, improvement and management of public parks and 
boulevards, and to provide a more efficient remedy for the collection 
of delinquent assessments,^ approved May 2, 1873, and to further 
amend said act by adding thereto sections to be numbered sixteen 
(16), seventeen (17), eighteen (18), nineteen (19), and twenty (20). 
Approved and in force May 31, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section one (l) of an act entitled 
"An Act in regard to the completion, improvement and management 
of public parks, and boulevards, and to provide a more efficient remedy 
for the collection of delinquent assessments," approved May 2, 1873, 
be ahd the same is hereby amended to read as follows; and that 
said act be and is hereby further amended by adding thereto the fol- 
lowing sections numbered sixteen (16), seventeen (17), eighteen (18), 
nineteen (19) and twenty (20.) 

§ 1. [Corporate authorities may levy park tax.] That in any 
town which is now included within the limits of any city in this State 
in which a board of park commissioners shall now exist, having 
authority by law to acquire land and the appurtenances in trust for 
the inhabitants of such town, and of a division or part of such city, 
and for such parties or persons, as may suceed to the rights of such 
inhabitants, and for the public as a public promenade and pleasure 
grounds and ways, but not for any other use or purpose without the 
consent of a majority, by frontage of the owners of the property front- 
ing the same, and without the power to sell, alienate, mortgage or 
incumber the same, the corporate authorities of such town shall have 
the power to levy and collect annually a tax not exceeding two and 
one-half mills on the dollar of the taxable property in such town, ac- 



214 PARKS. 



cording to the valuation of the same as made for the purpose of State 
and county taxation, to be used and expended by such park commis- 
sioners in governing, maintaining and improving such parks and bou- 
levards, or pleasure ways, and paying other necessary and incidental ex 
penses incurred in and about the management of such parks and bou- 
levards. 

§ 16. [Funding indebtedness — bonds may be issued.] In any 
town which is now included within the limits of any city of this 
State in which such a board of park commissioners shall now exist as 
is specified in section I, of this act, the corporate authorities of such 
town, meaning the town supervisor, clerk and assessor thereof, shall 
have authority, and are hereby empowered, to issue bonds for and on 
behalf of said town, to an amount not exceeding in the aggregate of 
principal, three hundred thousand dollars ($300,000), and including 
existing indebtedness of said town, so that the aggregate indebtedness 
of said town shall not exceed five per centum of the value of the 
taxable property therein, to be ascertained by the last assessment for 
State and county taxes previous to the issue from time to time of said 
bonds, for the purpose of funding any indebtedness legally contracted 
before the passage of this act, and now existing on the part of said 
board of park commissioners, with the interest which has accrued or 
shall accrue thereon, but for no other use or purpose. 

§ 11. [HOW BONDS EXECUTED AMOUNT HOW PAYABLE.] Such 

bonds shall be issued by the corporate authorities of such town as 
aforesaid, in the name of said town, when thereunto required by the 
said board of park commissioners. Said bonds shall be signed by the 
said corporate authorities in the name of said town, ;■ .d when so 
signed shall be delivered by such corporate authorities, to said board 
of park commissioners, who shall before issuing the same, attach to 
or indorse upon each one of the same a certificate which shall be 
signed by said commissioners, or a majority of them, and countersigned 
by the secretary of said board, and the seal of said board shall be 
thereto affixed. Such certificate, so attached or indorsed upon said 
bonds, shall be evidence of the requisition of said board of park com- 
missioners for the issue of the same, and that the same have been 
regularly and properly issued. Said bonds may be of the denomina- 
tion of twenty-five ($25), dollars and any multiple thereof. They shall 
bear interest at the rate of not exceeding six per cent, per annum, to 
be paid semi-annually, and to be evidenced by coupons thereto attached, 
and the principal shall be payable at such time as said commissioners 
may determine, not exceeding twenty years from the date of their 
issue. They shall be numbered in regular series, and shall be regis- 
tered upon the records of said board of park commissioners, which 
registry shall show the number of the bonds, the amount of the same, 
when payable and to whom payable, and the rate of interest which 
the same bear. Said bonds may be made payable to bearer, or to such 
person or persons as may be named therein, or order, when payable 
to bearer, they shall pass by delivery, but provisions shall be made 
for the second registry of the same in the office of said board of park 
commissioners, at the option of the holder, and in his name; after 
which second registry, they, together with bonds made payable to any 



215 



particular person or persons, shall pass only by indorsement and de- 
livery. • 

§ 18. [Sale of bonds — application of proceeds.] Bonds issued 
under this act may be issued in substitution for any indebtedness, 
legally existing at the time of the passage of this act, of said board 
of park commissioners, and may be sold by said board of park com- 
missioners for such prices as it shall deem expedient. They shall not, 
however, be sold at less than par, nor until the proceeds of the same 
can be made available for the purpose of cancelling such existing in- 
debtedness; and the proceeds of bonds sold shall be used only for the 
payment of such existing indebtedness. Any person who shall know- 
ingly violate or connive at the violation of any of the provisions of 
this act, shall be deemed guilty of embezzlement, and shall be liable 
to indictment, trial and punishment, as in other cases of embezzle- 
ment. 

§ 19. [Provision for payment of bonds.] For the purpose of 
providing for the payment of the interest on such bonds as it falls 
due, and also to pay and discharge the principal thereof, at the maturity 
of the same; said board of park commissioners are hereby required 
and directed to appropriate any annual park tax not exceeding one- 
half of one mill^ upon the taxable property in any such town, whether 
known as "boulevard and park tax" or otherwise, heretofore author- 
ized and directed to be levied under authority of law and the vote 
of the people of such town, and the proceeds of such tax are hereby 
pledged for the payment of such interest and principal. Provided, 
that the pledge of such tax shall not prevent the use by such corpo- 
rate authorities or said board of park commissioners, of any other 
funds which may be in their control, and which may be properly ap- 
plicable for the payment of such interest or principal. 

§ 20. [Emergency.] Whereas, In one of the towns hereinbefore 
referred to, indebtedness incurred by the board of park commissioners 
now exists, which has matured and which bears a rate of interest 
greater than six per cent, per annum; and, 

Whereas, It is believed that by the issue of bonds, as herein con- 
templated, its indebtedness can be funded at a less rate of interest, 
and greatly to the advantage of the inhabitants of said town; and; 

Whereas, An emergency exists for the passage of this act, now, 
therefore, it is hereby declared that this act shall take effect and be 
in force from and after its passage. 

Approved May 31st, 1879. 



216 PARKS. 



DRIVES TO PUBLIC PARKS. 

§ 1. Drives to public parks. I § L Reversion to corporate authorities— 

§ 2. Taxes— special assessments when. 

§ 3 Control by park commissions. I § 5. City, etc., may grant control. 

I § 6. Emergency. 

An Act to enable Park Commissioners, or Corporate authorities to take, 
regulate, control and improve public streets leading to public parks; 
to pay for the improvement thereof, and in that behalf to make and 
collect a special assessment, or special tax on 'contiguous property. 
Approved and in force April 9, 18*79. 

Section 1. [Drives to public parks.] Be it enacted by the Peo- 
ple of the State of Illinois, represented in the General Assembly, That 
every board of park commissioners shall have power to connect any 
public park, boulevard or drive-way under its control, with any part of 
any incorporated city, town or village, by selecting and taking any 
connecting street or streets or parts thereof, leading to such park: 
Provided, that the streets so selected and taken, so far as taken, shall 
lie within the district or territory, the property of which shall be 
taxable for the maintenance of such park: And provided further, that 
the consent of the corporate authorities having control of any such 
street or streets so far as selected and taken, and also the consent in 
writing of the owners of a majority of the frontage of the lots and 
lands abutting on such street or streets, so far as taken, shall be first 
obtained: And provided further, that such connection or improvement, 
shall embrace only such street or streets, as are necessary to form one 
continuous improvement. 

§ 2. [Taxes — special assessments, etc.] That such board of park 
commissioners or such corporate authorities, as are by law authorized 
to levy taxes or assessments for the maintenance of such parks, shall 
have power to improve such street or streets in such manner as they 
may deem best; and for that purpose they are hereby authorized to pay 
for the improvement thereof, and from time to time, to levy or cause 
to be levied and collected a special tax or assessment on contiguous 
property abutting upon such street so improved, for a sum of money 
not exceeding the estimated cost of such first improvement or im- 
provements, as shall be ordered and estimated by such Board of Park 
Commissioners, but not for any subsequent repair thereof. And to that 
end such Board or Corporate Authorities shall have all the power and 
authority now or hereafter granted to them respectively, relative to the 
levy, assessment and collection of taxes or assessments for corporate 
purposes. And such special taxes or assessments as are hereby author- 
ized, may be divided into not exceeding four annual installments, 
bearing interest at the rate of six per cent, per annum from the date 
of confirmation until paid; and the said assessment or installments 
thereof shall be collected and enforced in the same manner as is pro- 
vided by law for the collection and enforcement of other taxes and 
assessments, for, or on account of such corporate bodies, or boards, as 
aforesaid, so far as the same are applicable. 

§ 3. [Control by park commissioners.] Such park boards shall 
have the same power and control over the parts of streets taken under 



PARKS. 217 



this act, as are or may be by law vested in them of, and concerning 
the parks, boulevards or driveways under their control. 

§ 4. [Reversion to corporate authorities — when.] In case any 
such streets or parts thereof, shall pass from the control of any such park 
board, the power and authority over the same, granted or authorized by 
this act shall revert to the proper corporate authorities of such city, 
town or village, respectively as aforesaid. 

§ 5. [City, etc., may acquire control of park commissioners.] 
Any city, town or village in this State, shall have full power and au- 
thority to invest any of such park boards with the right to control, 
improve and maintain any of the streets of such city, town or village, 
for the purpose of carrying out the provisions of this act. 

§ 6. [Emergency.] Whereas, There is a necessity for the imme- 
diate construction of the improvements contemplated in this act, there- 
fore an emergency exists and this act shall take effect and be in force 
from and after its passage. 

Approved April 9th, 1879. 



PARK PURPOSES-PROPERTY FOR. 

§ 1. Park commissioners may take by de- § 2. Emergency, 
vise, etc., property for park pur- 
poses. 

An Act to authorize park commissioners to take by grant, devise, be- 
quest or conveyance, property for park, driveway and other purposes 
therewith connected. Approved and in force May 31, 1879. 

Section 1. [Park commissioners may take by devise, etc, prop- 
erty for park purposes.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That in all cases 
where the commissioners of any park have been named in the act 
establishing the same, and their successors have since been appointed 
by the Governor of this State, real and personal property may be 
granted, bequeathed, devised or conveyed to such Commissioners for 
the purposes of the establishment of any driveway connected or pro- 
posed to be connected, either directly or by means of a public high- 
way or street, with such park, or for the extension, improvement or 
ornamentation of such park or driveway, or for the establishment and 
maintenance within the limits of such park, of museums, zoological or 
other gardens, collections of natural history, observatories or works of 
art, upon such trusts and subject to such conditions as may be pre- 
scribed by the grantors or donors thereof, and agreed to by the said 
Board of Park Commissioners, and all property so devised, granted, be- 
queathed or conveyed, and the rents, issues, profits and income there- 



218 PARKS PARDONS. 



of, shall be subject to the exclusive management, direction and con 
trol of the Commissioners of the Park, and when any real property 
shall be so acquired, it shall form a part of such park, and be man- 
aged and governed as a part thereof. 

§ 2. [Emergency.] Whereas, in some towns, villages and cities 
park driveways ought to be selected and improved forthwith, and oth- 
er pui'poses and objects of this bill ought to be made immediately 
possible, therefore an emergency exists, and this act shall take effect 
and be in force from and after its passage. 



Approved May 31st, 1879. 



PARDONS. 



PARDONS-APPLICATION FOR. 



8 1. Application for pardon, how made. | § 2. Notice. 



An Act to regulate the manner of applying for pardons, reprieves and 
commutations. Approved 3Iag 31, 1879. In force July 1 , 1879. 

Section 1. [Application for pardon — hoav made.] Be it enacted 
by the People of the State of Illinois, represented in the General Assem- 
bly, That hereafter all applications for reprieves, commutations and par- 
dons shall be made by petition in writing to the Governor, signed by 
the party under conviction, or other persons in his behalf, which pe- 
tition shall contain a brief history of the case and the reasons why 
such pardon should be granted; and shall also be accompanied by a 
statement in writing made by the judge and prosecuting attorney of 
the court in which the conviction was had; stating the opinion of 
said judge and prosecuting attorney in regard to the same, or satis- 
factory reasons shall be given to the Governor, why such statements 
of the judge and prosecuting attorney, or either of them, do not ac- 
company such petition; and it shall be the duty of such judge and 
prosecuting attorney to give such opinion, whenever such petition 
shall be presented to them. 

§ 2. [Notice.] Notice of the proposed application shall be given 
by publication for three weeks prior thereto, in a newspaper published 
in the county where the conviction was had, a duly certified copy 
of which notice shall accompany said petition: Provided, the Governor 
may dispense with publication of notice, when in his judgment justioe 
or humanity requires it. 

Approved May 31st, 1879. 



PAWNBROKERS PENITENTIARY. 2 1 9 



PAWNBROKERS. 



§ 1. Pawnbrokers defined. § 3. Penalty for violation. 

§ 2. Rates and percentage allowed. 

An Act for the regulation of Pawnbrokers. Approved June 4, 1879. 
In force July 1, 1879. 

Section 1. [Pawnbrokers defined.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly, 
That every person or company engaged in the business of receiving 
property in pledge, or as security for money or other thing advanced 
to the pawner or pledger, shall be held and is hereby declared and 
defined to be a pawnbroker. 

g 2. [Rates op percentage allowed.] It shall be unlawful for 
any pawnbroker, as herein provided, to charge or collect a greater 
benefit or percentage upon money advanced, and for the use and 
forbearance thereof, than the rate of three per cent, per month : 
Provided, that'nothing herein shall be construed so as to conflict 
with the law pertaining to usury; and the person receiving money 
so advanced shall not be held to pay any storage, insurance or other 
charges other than such interest as herein provided. 

§ 3. [Penalty for violation.] Every pawnbroker who shall be 
found guilty of a violation of the provisions of this act, shall, for 
the first offense, be fined a sum not less than twenty dollars, not- 
more than one hundred dollars, and for each subsequent offense not less 
than fifty dollars, nor more than two hundred dollars, or imprison- 
ment in the county jail not exceeding thirty days, or either or both, 
in the discretion of the court : Provided, that this act shall not be 
so construed as to, in anywise, impair the power of cities or 
villages in this State to license, tax, regulate, suppress and prohibit 
pawnbrokers as now provided by law. 

Approved June 4th, 1879. 



PENITENTIARY. 



PENITENTIARY-SOUTHERN . 

S 1. Defines jurisdiction— Governor may I § 2. Emergency, 
chanare. 

An Act to amend section eleven of an act entitled "-An act to locale, 
construct and carry on the Southern Illinois Penitentiary,' 1 '' approved 
May 24, 1877. Approved and in force April 5, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section eleven (11) of an 



220 PENITENTIARY. 



act entitled "An act to locate, construct and carry on the Southern 
Illinois Penitentiary," approved May 24, 1877, be amended so as to 
read as follows: 

§ 11. [Jurisdiction — governor may change.] Whenever the said 
penitentiary is ready for the accommodation and safe keeping of con- 
victs, the said commissioners or a majority of them shall certify that 
fact to the Secretary of State, and thereupon the Secretary of State 
shall notify all the judges of the Circuit Courts and other courts hav- 
ing criminal jurisdiction, in the counties lying south of the following 
tier of counties, to wit: Iroquois, Ford, McLean, Tazewell, Peoria, 
Knox, Warren and Henderson, and after such notice, all convicts sen- 
tenced to the penitentiary in the counties aforesaid, shall be commit- 
ted to the penitentiary provided for by this act: Provided, that the 
authorities in charge of the Southern Illinois Penitentiary and the 
one at Joliet may, with the approval of the Governor, make such ex- 
change of prisoners from one building to the other as good discipline 
and the interest of the State may require; And, provided, further, 
that the Governor may, from time to time, change the boundaries of 
the penitentiary districts in such manner as to make the size of the 
districts bear due proportion to the capacity of the prisons therein. 
When he deems such change to be necessary he shall certify the same 
to. the Secretary of State, designating the counties which are to be 
changed from one district to the other, and thereupon the Secretary 
of State shall notify the judges and clerks of all courts having crimi- 
nal jurisdiction in the counties affected by the change; and after such 
notice all convicts sentenced to the penitentiary in such counties shall 
be committed to the prison of the district in which the county has 
been placed. 

§ 2. [Emergency.] Whereas, an emergency exists, therefore, this 
act shall take effect and be in force from and after its passage. 

Approved April 5th, 1879. 



PENITENTIARY -AT JOLIET. 
•8 1. Commissioners— term of office —vacancy . 

An Act to amend an act entitled "An act in relation to the Peniten- 
tiary at Joliet, to be entitled "An act to provide for the management 
of the Illinois State Penitentiary at Joliet," ap proved June 16, 
1871, in force July 1st, 1871. Approved May 31, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section four (4) of an act en- 
titled "An Act in relation to the Penitentiary at Joliet, to be entitled 
"An Act to provide for the management of the Illinois State Peniten- 
tiary at Joliet," approved June 16th, 1871, in force July 1st, 1871, be 
so amended as to read as follows: 



PENITENTIARY — PRACTICE. 2*21 



§ 4. [Commissioners — term of office — vacancies.] The commis- 
sioners shall be appointed by the Governor, by and with the advice 
and consent of the Senate, and be subject to removal by the Governor 
at his discretion; Avhich removal and the cause thereof shall be re- 
ported by the Governor, to the next General Assembly. Those now 
in office shall continue to hold such offices during the terms for which 
they were respectively appointed, unless sooner removed by the Gov- 
ernor, at the expiration of the terms of office for which the present 
commissioners have been appointed, and biennially thereafter there shall 
be appointed by the Governor, by and with, the advice and consent of the 
Senate, one penitentiary commissioner, who shall hold his office for the 
term of six years, unless sooner removed by the Governor. In case of 
any vacancy occasioned by the removal from the State by any person 
so appointed, or death, or resignation, or non-acceptance of the office, 
or removal from office by the Governor, of any such person so ap- 
pointed, the Governor shall immediately appoint a person to fill such 
vacancy for the residue only of such term. And all appointments 
made by the Governor when the Senate is not in session, shall be 
valid until acted upon at the next session of the Senate. 



Approved May 81st, 1879. 



PRACTICE. 



WHEN RECORD TO BE FILED. 
§ 72. When record to be filed. 

An Act to amend section 72 of an act entitled "An act in regard 
to practice in courts of record,' 1 '' approved February 22, 1872, as 
amended, by an act entitled "An act to amend an act entitled an act 
in regard to practice in courts of record" approved June 2, 1877. 
Approved May 24, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
rep>resented in the General Assembly, That section seventy-two (72) of 
an act entitled "An act in regard to practice in courts of record," ap- 
proved February 22, 1872, as amended by an act entitled "An act to 
amend an act entitled an act in regard to practice in courts of 
record," approved June 2, 1877, be amended so as to read as follows: 

§ 72. [When record to be filed.] Authenticated copies of 
records of judgments, orders and decrees appealed from, shall be filed 
in the office of the clerk of the supreme court, or of the appellate 
court, as the case may be, on or before the second day of the suc- 
ceeding term of said courts: Provided, twenty (20) days shall have 
intervened between the last day of the term at which the judgment, 
order or decree appealed from shall have been entered and the sitting 



222 PRACTICE. 



of the court to which the appeal shall be taken; but if ten (10) days 
and not twenty (20) shall have intervened as aforesaid, then the record 
shall be filed as aforesaid on or before the tenth (10th) day of said 
succeeding term, otherwise the said appeal shall be dismissed unless 
further time to file the same shall have been granted by the court to 
which said appeal shall have been taken upon good cause shown. 



Approved May 24th, 1879. 



APPEALS-BONDS NOT REQUIRED. 

§ 71. State, counties, etc., may appeal I § 88. Appeals in criminal cases, 
without bond. 

An Act to amend sections seventy-one (71), and eighty-eight (88), of 
an act entitled "An Act to amend An Act, entitled "An Act in re- 
yard to practice in courts of record" approved February 22nd, 1872, 
approved June 2nd, 1877, in force Jxdy 1, 1877. Approved June 3, 
1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That sections seventy-one (71), and 
eighty-eight (88) of an act entitled "An Act to amend an act entitled 
"An Act in regard to Practice in Courts of Record," approved February 
22, 1872, June 2d, 1877, in force July 1, 1877, be amended so as to 
read as follows: 

§ 71. [State, counties, etc., may Appeal without bond.] The 
State, counties, cities, villages, towns, school districts and all other 
municipal corporations, and the corporations of all charitable, educa- 
tional, penal or reformatory institutions under the patronage and con- 
trol of the State, and all public officers, when suing or defending in 
their official capacities, for the benefit of the public, may in all cases 
of appeal or writ of error by them from any inferior court to any 
higher court prosecute the same, without giving bond; and the supreme 
or appellate court, or the judges thereof, in vacation may, grant writs 
of supersedeas on any writ of error or appeal, when prosecuted by the 
State, or any of said corporations or public officers, without requiring 
any bond to be given as required by law as in other cases. 

§ 2. That section eighty-eight (88) of said act be so amended as 
to read as follows: 

§ 88. [Appeals in criminal cases.] Appeals from and writs of 
error to circuit courts, the superior court of Cook county, the criminal 
court of Cook county, county courts and city courts in all criminal 
cases, below the grade of felony, shall be taken directly to the appel- 
late court, and in all criminal cases above the grade of misdemeanors, 
and cases in which a franchise or freehold or the validity of a statute 
or construction of the constitution is involved; and in all cases relating 
to revenue, or in which the State is interested as a party or other- 



PRACTICE — RAILROADS. 228 



wise, shall be taken directly to the supreme court. In all cases of 
writs of error and appeals, prosecuted or taken from any decision of 
any of the appellate courts to the supreme court, it shall not be nec- 
essary for the clerk of the appellate court, in which said cause was 
heard and determined, to make out and certify a copy of the original 
transcript of the record, filed in the said appellate court, but it shall 
be sufficient for, and it is hereby made the duty of the clerk of said 
appellate court, to transmit the original transcript of the record filed 
in his office, with his official certificate and seal of office, authenticating 
t-he same, with a true and perfect copy of all the orders and proceedings 
appearing of record in said cause; which said copy of the recoi'd, and 
proceedings duly authenticated with the seal of said court, shall be 
transmitted to, and filed in the supreme court, and the clerk of the 
appellate court, shall be entitled to receive from the party procuring 
said record and transcript, the fees allowed by law, for his certificate 
and copy of the proceedings had in the appellate court, and he shall 
not be entitled to charge or receive any fee for copying or transmitting 
said original transcript, other than for his certificate, and the reason- 
able cost of sending said transcript and record from his office, either 
by mail, or by express to the clerk of the supreme court. That all 
laws or parts of laws in conflict with this act are hereby repealed. 



Approved June 3d, 1879. 



RAILROADS. 



CONDUCTORS-POLICE POWERS. 

§ 2. Conductors invested with police S 3. Ejection of passenger from train, 

powers. i S 4. when passeng-ers may be arrested. 

An Act to amend an act entitled u An Act for the protection of 
passengers on railroads'''' approved May 14, 1877; in force July 1, 
1877. 'Approved May 29, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented hi the General Assenibly, That an act entitled "An Act 
for the protection of passengers on railroads, " approved May 14, 1877, 
in force July 1, 1877, be amended so as to read as follows: "An act 
for the protection of passengers on railroads and steamboats.'' 1 

§ 2. [Conductors invested with police powers.] That the con- 
ductors of all railroad trains, and captain or master of any steamboat 
carrying passengers within the jurisdiction of this State, shall be 
invested with police powers while on duty on their respective trains 
and boats. 

§ 3. [Ejection of passenger from train.] When any pas- 
senger shall be guilty of disorderly conduct, or use any obscene 



224 RAILROADS. 



language, to the annoyance and vexation of passengers, or play 
any games of cards, or other games of chance for money or other 
valuable thing, upon any railroad train or steamboat, the conductor of 
such train, and captain or master of such steamboat, is hereby authorized 
to stop his train or steamboat, at any place where such offense has 
been committed and eject such passenger from the train or boat using 
only such force as may be necessary to accomplish such removal, 
and may command the assistance of the employes of the railroad 
company, or steamboat, or any of the passengers, to assist in such 
removal ; but before doing so he shall tender to such passenger such 
proportion of the fare he has paid as the distance he then is from the 
place to which he has paid his fare, bears to the whole distance for 
which he has paid his fare. 

§ 4. [When passenger may be arrested.] When any passenger shall 
be guilty of any crime or misdemeanor upon any train, or steamboat, 
the conductor, captain or master, or employes of such train, or boat, 
may arrest such passenger and take him before any justice of the 
peace, in any county through which such boat or train may pass, or 
in which its trip may begin or terminate, and file an affidavit before 
such justice of the peace, charging him with such crime or mis- 
demeanor. 



Approved May 29th, 1879. 



FENCING TRACK. 

§ 1 . Fencing- track— cattle guards . 

An Act to amend an act entitled "An act to amend section one of an 
act entitled "An act in relation to fencing and operating railroads,' 1 '' 
approved March 'i\st, 1874, approved May 23, 1877, in force July 
1, 1877. Approved May 29, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That an act entitled "An act to 
amend section one, of an act entitled "An act in relation to fencing 
and operating railroads; approved March 31, 1874, approved May 23, 
1877, in force July 1, 1877, be amended so as to read as follows: 

§ 1. [Fencing track — cattle guards.] That every railroad cor- 
poration shall, within six months after any part of its line is open for 
use, erect and thereafter maintain fences on both sides of its road or 
so much thereof as is open for use, suitable and sufficient to prevent 
cattle, horses, sheep, hogs or other stock from getting on such railroad, 
except at the crossings of public roads and highways, and within such 
portion of cities and incorporated towns and villages as are or may be 
hereafter laid out and platted into lots and blocks, with gates or bars 
at the farm crossings of such railroad, which farm crossings shall be 
constructed by such corporation when and where the same may be- 
come necessary, for the use of the proprietors of the lands adjoining 



RAILROADS. 225 



such railroad; and shall also construct, where the same has not already 
been done, and thereafter maintain at all road crossings now existing 
or hereafter established, cattle-guards, suitable and sufficient to prevent 
cattle, horses, sheep, hogs and other stock from getting on such rail- 
road; and when such fences or cattle-guards are not made as aforesaid, 
or when such fences or cattle-guaids are not kept in good repair, such 
railroad corporations shall be liable for all damages which may be 
done by the agents, engines or cars of such corporation, to such cattle, 
horses sheep hogs or other stock thereon, and reasonable attorneys 
fees, in any court wherein suit is brought for such damages, or to 
which the same may be appealed; but where such fences and guards 
have been duly made and kept in good repair, such railroad corpora- 
tion shall not be liable for any such damages, unless negligently or 
willfully done. 



Approved May 29th, 1819. 



STOP AT STATIONS. 



§ 25. Time of stop at stations. 



An Act to amend section twenty-five of "An Act in relation to fencing 
and operating railroads" app>roved March 31, 1874, in force July 
1, 1874t Apx>roved May 29, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section twenty -five of an act 
entitled "An Act in relation to fencing and operating Railroads, 1 ' ap- 
proved March 31, 1874, in force July 1, 1874, be amended so as to 
read as follows: 

§ 25. [Time of stop at stations.] Every railroad corporation 
shall cause its passenger trains to stop upon its arrival at each station, 
advertised by such corporation as a place for receiving and discharging 
passengers, upon and from such trains, a sufficient length of time to 
receive and let off such passengers with safety: Provided, all regular 
passenger trains shall stop a sufficient length of time at the railroad 
station of county seats, to receive and let off passengers with safety. 

Approved May 29th, 1879. 



226 RAILROADS AND WAREHOUSES. 



RAILROADS AND WAREHOUSES. 



EEES. 
8 4. Fees. 

An Act to amend section four (4) of an act entitled "An act tM 
amend an act entitled "An act to regulate Public Warehouses, an<M 
the loarehousing and inspection of gram, and to give effect to Articltm 
thirteen (13) of the Constitution of the State," approved April 25 j 1 
1871 , and in force July I, 1871, andto establish a Committee ofAppeals\\ 
and prescribe their duties,''' approved April 15, 1873, and in force Jul\\ 
1, 1873. Approved May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, repmk 
resented in the General Assembly, That section four of said act b»j| 
amended to read as follows: 

§ 4. [Fees.] The said Committee of Appeals shall receive, as ful 
compensation for their services as such Committee of Appeals, th 
sum of one thousand dollars ($1,000) each, per year, said salary to b 
paid from the inspection fund, or by the party taking the appeal 
under such rules as the commissioners may prescribe; and all necessary 
expenses incurred in carrying out the provisions of this act, except as 
herein otherwise provided, shall be paid out of the funds collected fo. 
the inspection service, on the order of the commissioners. 

Approved May 31st, 1879. 



CHIEF INSPECTOR-DUTIES OF. 

§ 1. Chief inspector— duties— assistants— I gistrar— general supervision— pay- 

oath and bond— rules of inspection I removal from office— expenses . 

—charges— pay of inspectors— re- I §2. Emergency. 

An Act to amend section fourteen (14), of an act entitled, "An act U 
regulate public xcarehouses, and the warehousing and inspection 
grain, and to give effect to article thirteen (13) of the constitution oj 
this stated approved April 25, 1871, in force July 1, 1871. Apt 
proved and in force May 28, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, repi 
resented in the General Assembly, That section fourteen (14) of an act 
entitled "An act to regulate public warehouses, and the warehousing 
and inspection of grain, and to give effect to article thirteen (13) oil 
the constitution of this state," approved April 25, 1871, in force July 
1, 1871, be, and the same is, hereby amended to read as follows: 

Section 1, % 1. [Chief inspector.] It shall be the duty of the Gov* 
ernor to appoint by, and with the advice and consent of the Senate, a suit 
able person, who shall not be a member of the board of trade, and who 
shall not be interested either directly or indirectly, in any warehouiw 



RAILROADS AND WAREHOUSES. 227 



in this State, a chief inspector of grain, who shall hold his office for 
the term of two years, unless sooner removed as hereinafter provided 
for in every city or county in which is located a warehouse of class 
A, or class B: Provided, that no such grain inspector for cities or 
counties in which are located warehouses of class B, shall be appoint- 
ed, except upon the application and petition of two or more warehouse 
men doing a separate and distinct business," residing and doing business 
in such city or county, and when there shall be a legally organized 
board of trade in such cities or counties; such application and peti- 
tion shall be officially endorsed by such board of trade, before such 
application and petition shall be granted. 

*[ 2. [His duties.] It shall be the duty of such chief inspector 
of grain to have a general supervision of the inspection of grain as 
required by this act or laws of this State, under the advice and im- 
mediate direction of the Board of Commissioners of Railroads and 
Warehouses. 

% 3. [Assistant inspectors.] The said chief inspector shall be 
authorized to nominate to the Commissioners of Railroads and 
Warehouses, such suitable persons, in sufficient numbers, as may be 
deemed qualified for assistant inspectors, who shall not be members of 
the board of trade, nor interested in any warehouse, and also such other 
employes as may be necessary to properly conduct the business of his 
office; and the said commissioners are authorized to make such ap- 
pointments. 

^[ 4. [Chief inspector's oath and bond.] The chief inspector 
shall upon entering upon the duties of his office, be required to take 
an oath, as in cases of other officers, and he shall execute a bond to 
the people of the State of Illinois, in the penal sum of fifty thousand 
dollars when appointed for any city in which is located a warehouse 
of class A, and ten thousand dollars, when appointed for any other 
city or county, with sureties to be approved by the board of commis- 
sioners of railroads and warehouses, with a condition therein that he 
will faithfully and strictly discharge the duties of his said office of 
inspector according to law, and the rules and regulations prescribing 
his duties; and that he will pay all damages to any person or persons 
who may be injured by reason of his neglect, refusal or failure to 
comply with law, and, the rules and regulations aforesaid. 

^[ 5. [Assistant inspector's oath and bond.] And each assis- 
tant inspector shall take a like oath; execute a bond in the penal sum of 
five thousand dollars, with like conditions, and to be approved in like 
manner as is provided in case of the chief inspector, which said seve- 
ral bonds shall be filed in the office of said commissioner; and suit 
may be brought upon said bond or bonds in any court having juris- 
diction thereof, in the county where the plaintiff or defendant resides, 
for the use of the person or persons injured. 

"|[ 6. [Roles for inspection — charges.] The chief inspector of 
grain, and all assistant inspectors of grain, and other employes in con- 
nection therewith, shall be governed in their respective duties by such 
rules and regulations as may be prescribed by the board of commit*- 



228 RAILROADS AND WAREHOUSES. 



sioners of railroads and warehouses; and the said board of commission- 
ers shall have full power to make all proper rules and regulations for the 
inspection of grain; and shall, also, have power to fix the rate of 
charges for the inspection of grain, and the manner in which the same 
shall be collected; which charges shall be regulated in such a manner 
as will in the judgment of the commissioners, produce sufficient rev- 
enue to meet the necessary expenses of the service of inspection, and 
no more. 

"| 7. [Pay of inspector and assistants, etc. J It shall be the 
duty of the said board of commissioners to fix the amount of compen- 
sation to be paid to the chief inspector, assistant inspectors, and all 
other persons employed in the inspection service, and prescribe the 
time and manner of their payment. 

■([ 8. [Appointment of registrar and assistants.] The said 
Board of Commissioners of Railroads and Warehouses are hereby au- 
thorized to appoint a suitable person as warehouse registrar, and such 
assistants as may be deemed necessary to perform the duties imposed 
upon such registrar by the provisions of this act. 

1" 9. [General supervision — pay, etc.] The said board of com- 
missioners shall have and exercise a general supervision and control of 
such appointees; shall prescribe their respective duties; shall fix the 
amount of their compensation, and the time and manner of its pay- 
ment. 

1" 10. [Removal from office.] Upon the complaint, in writing, 
of any person, to the said board of commissioners, supported by reas- 
onable and satisfactory proof, that any person appointed or employed 
under the provisions of this section has violated any of the rules pre- 
scribed for his government, has been guilty of any improper official 
act, or has been found insufficient or incompetent for the duties of 
his position, such person shall be immediately removed from his office 
or employment by the same authority that appointed him; and his place 
shall be filled, if necessary, by a new appointment, or in case it shall 
be deemed necessary to reduce the number of persons so appointed or 
employed, their term of service shall cease under the orders of the 
same authority by which they were appointed or employed. 

1" 11. [Expenses how paid.] All necessary expenses incident to 
the inspection of grain, and to the office of registrar, economically ad- 
ministered, including the rent of suitable offices, shall be deemed ex- 
penses of the inspection service, and shall be included in the esti- 
mate of expenses of such inspection service, and shall be paid from 
the funds collected for the same. 

§ 2. [Emergency.] Inasmuch as there now is a large quantity of 
grain in warehouses of Class B, which can have no legal inspection, 
an emergency exists, therefore this act shall be in force from and after 
its passage. 

Approved May 28th, 1879. 



RAILROAD AND IMPROVEMENT AID BONDS. 



229 



RAILROAD AND IMPROVEMENT AID BONDS. 



§ 1. New bonds may be issued for old. 
8 2. Valuation of taxable property to be 

indorsed on bond. 
§ 3. Election — notice. 
§ i. Registration. 
§ 5 Auditor to certify rate required. 



§ (3. State custodian- collection- payment. 

§ 7. How money disbursed. 

S 8. When bonds mature and are not paid. 

§ 9. Entry of payment. 

«i 10. Fees— collector' s bond. 



An Act to amend an act, approved April 27, 1877, entitled "A?i act to 
amend an act entitled, an act relating to county and city debts, and 
to provide for the payment thereof, by taxation, in such counties and 
cities, approved February 13, 1865; and to amend the title thereof" 
Approved June 4, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That an act, approved April 27, 
1877, entitled, "An Act to amend an act entitled, 'an act relating to 
county and city debts, and to provide for the payment thereof by 
taxation, in such counties and cities approved February 13, 1865; and 
to amend the title thereof," be, and the same is, hereby amended, so 
that section two, shall read as follows: 

§ 2. The first and subsequent sections of the said act, shall be as 
follows: 

§ 1. [New bonds may be issued for indebtedness in place of 
old ones.] That ie all cases where any county, city, town, township, 
school district, or other municipal corporation, has issued bonds or 
other evidences of indebtedness, for money, or has contracted debts, 
which are the binding, subsisting legal obligations of such county, 
city, town, township, school district, or other municipal corporation, 
and the same, or any portion thereof, remain outstanding and unpaid, 
it shall be lawful for the proper corporate authorities of any such 
county, city, town, township, school district, or other municipal corpora- 
tion, upon the surrender of any such bonds or other evidences of 
indebtedness, or any number or portion thereof, to issue, in lieu 
or place thereof, to the owners or holders of the same, new bonds 
prepared as hereinafter directed, and for such amounts, upon such 
time not exceeding twenty years, payable at such place, and bearing 
such rate of interest, not exceeding seven per centum per annum, as 
may be agreed upon with the owners or holder*-, of such outstanding 
bonds or other evidences of indebtedness: Provided, that bonds issued 
under this act, to mature within five years from their date, may bear 
interest not to exceed eight per cent, per annum. And it shall also 
be lawful for the proper corporate authorities of any such county, city, 
town, township, school district, or other municipal corporation, to cause to 
be thus issued, such new bonds, and sell the same to raise money to 
purchase or retire any or all of such outstanding bonds or other evi- 
dences of indebtedness; the proceeds of the sales of such new bonds 
to be expended, under the direction of the corporate authorities afore- 
said, in the purchase or retiring of the outstanding bonds or other 
evidences of indebtedness of such county, city, town, township, school 
district, or other municipal corporation, and for no other purpose whatever, 



230 RAILROAD AND IMPROVEMENT AID BONDS. 



All bonds or other evideuces of indebtedness, issued under the pro- 
visions of this act, shall show upon their face that they are issued 
under this act, and the purpose for which they are issued, and shall 
be of uniform design and style, throughout the State, to be prescribed 
by the State Auditor, whose imperative duty it shall be to devise and 
prepare such uniform style and draft adapted to the classes of bonds 
herein provided for, namely; The first class to consist of bonds, of 
which only the interest is payable annually; the second class to con- 
sist of those of which the interest and five per centum of the princi- 
pal are to be paid annually, and the third class to consist of a gradu- 
ated series, the first grade, made payable, principal and interest, at 
the end of one year from the date of issue; the second, at the end of 
two years, and thus to the end of the series, the class to be issued 
being at the option of the legal voters expressed as herein provided. 
In any case, the new bonds, or other evidences of indebtedness, 
authorized to be issued by this act, shall not be for a gi'eater sum in 
the aggregate, than the principal and accrued or earned interest un- 
paid of such outstanding bonds or other evidences of indebtedness. 
And when such new bonds, or other evidences of indebtedness, shall 
have been issued, in order to be placed on the market and sold to 
obtain proceeds with which to retire outstanding bonds, or other evi- 
dences of indebtedness, it shall be the duty of the State Auditor, on the 
request of the corporate authorities issuing them, and at the expense 
of the corporation in whose behalf the issue is thus made to negotiate 
the same, at not less than par value, and on the best terms which 
can be obtained: Provided, always, that any such county, city, town, 
township, school district or other municipal corporation issuing bonds 
under the provisions of this act, may, through its corporate authorities 
duly authorized, negotiate, sell or dispose of said bonds, or any part 
thereof, at not less than their par value without the intervention of 
the Auditor of State: And provided further, That no new bonds, or 
other evidences of indebtedness, shall be issued under this act, unless 
the same shall be first authorized, as hereinafter provided, by a vote 
of a majority of the legal voters of such county, city, town, township, 
school district, or other municipal corporation, voting at some general 
election, or special election held for that purpose. 

§ 2. [Valuation of taxable property to be indorsed on bond.] 
In all cases where any county, city, town, township, school district, or 
other municipal corporation, shall issue any bonds or evidences of in- 
debtedness, under this act, it shall be the duty of the county clerk of 
such county, or other officer to whom, or to whose office, the assess- 
ment rolls for State taxation of the property within such county, city, 
town, township, school district, or other municipal corporation, are or 
shall be returnable, within five days after the total value of the pro- 
perty subject to taxation therein shall be returned to him, to make 
out and transmit to the Auditor of Public Accounts, to be filed in his 
office, a certificate setting forth the total value of all taxable property, 
of every nature and description, within such county, city, town, township, 
school district, or other municipal corporation, as exhibited by such 
assessment. And it shall be the duty of the Auditor of Public Accounts, 
to place on the back of all new bonds, or other evidences of indebt- 



RAILROAD AND IMPROVEMENT AID BONDS. 231 



edness issued under the provisions of this act, a certificate setting 
forth an aggregate statement of the amount of valuation of the taxa- 
ble property of the municipal corporation issuing such new bonds, or 
other evidences of indebtedness; said certificate specifically distinguish- 
ing the value of real estate and personal property, and being based 
on the return provided for, in this section, or, if there should be no 
such return made by the county clerk to the State Auditor, then based 
on an affidavit made by the officials of the corporation issuing the 
bonds. 

§ 3. [Election — notice.] It shall be lawful for the corporate au- 
thorities of any such municipal corporation, or officers authorized by 
law to call elections therein, on the petition of ten legal voters, resi- 
dent therein, to submit to the voters thereof, at any general or special 
election, the question of issuing bonds under this act, by posting a 
notice in ten of the most public places therein, and by publishing the 
same in the nearest newspaper, twenty days before said election; which 
notice shall state the number and amount of bonds proposed to be is- 
sued; the kind or class thereof as specified in the first section of the 
act of 1865 as hereby amended, and as also amended by the said act 
of 1877; the amount of each; the rate of interest, under the limitation 
of this amendatory act; when and where payable; for what purpose 
issued, and the time and place when and where said election will be 
held. And upon like petkion and notice it shall be lawful for such 
corporate authorities, or officers, to submit the question of issuing bonds 
under this act, at a special election, which shall be held and conduct- 
ed in like manner as other elections therein. The ballots shall read, 
"For issuing the bonds," or, "Against issuing the bonds." If a ma- 
jority of the votes cast be for issuing the bonds, the same shall be 
issued in conformit;^ to the specifications of said notice. Nothing con- 
tained in this act, or in the acts to which this is an amendment, shall be 
held to repeal, or in anywise affect the power of the city of Chicago, 
to issue new bonds of said city conferred by an act of the General 
Assembly, approved February 13, 1865, amending the charter of said 
city, nor to, in anywise effect any other law which authorizes munici- 
pal corporations to issue bonds, or other evidences of indebtedness, 
and which does not provide for the registration thereof. 

§ 4. [Registration.] Upon the surrender of any bond, or other 
evidence of indebtedness, under this act, the same shall be endorsed 
canceled, and shall from time to time, be destroyed, under the direction 
of the authority issuing the same. Upon the issuing of any new bond, 
or evidence of indebtedness, the clerk, or other officer having custody 
of the records of the fiscal matters of such county, city, town, town- 
ship, school district or other municipal corporation, as the case may 
be, shall make registration thereof, in a book to be kept in his office 
for that purpose, showing the date, amount, number, class, date of 
maturity, rate of interest and place of payment of such new bond, or 
other evidence of indebtedness, and the description of the bond or 
evidence of indebtedness, for which, or for the purchasing or retiring 
of which, the same was given, as nearly as practicable. On presenta- 
tion of any such new bond or evidence of indebtedness, issued under 
this act, at the office of the Auditor of Public Accounts, for registra- 



232 RAILROAD AND IMPROVEMENT AID BONDS. 



tion, the said Auditor shall cause the same to be registered in his of- 
fice, in a book to be kept for that purpose; such registration shall 
show the date, amount, number, class, date of maturity, rate of interest, 
time when such interest is payable, and place of payment of the prin- 
cipal and interest of such bond or other evidence of indebtedness, 
under what act, by what authority, for what purpose and by what 
county, city, town, township, school district, or other municipal cor- 
poration issued, and the name of the person, or persons, presenting 
the same for registration, and for such registration, the Auditor shall 
be entitled to a fee of twenty-five cents, and the Auditor shall, under 
his seal of office, certify upon such bond the fact of such registration; 
for which the Auditor shall be entitled to a fee of twenty-live 
cents, such fees to be paid by the person or persons, desiring such 
registration and certificate. No bonds issued under this act shall be 
entitled to registration in the office of the State Auditor, until a sworn 
certificate shall have been filed with him, showing that all the require- 
ments of this act, have been fully complied with, in their issue. In the 
case of county bonds, such affidavits shall be made by the chairman of 
the county board. In case of township bonds, by the supervisor of such 
township. In case of city bonds, by the mayor of such city; in case 
of town or village bonds, by the chairman of the town or village 
board; and in case of school district bonds by each of the directors 
of such school district. Said certificate shall set forth the date of the 
election, at which the people authorized the issuance of the bonds, and 
shall state the class, date, number, amount, rate of interest and date of 
maturity of the bonds, the aggregate equalized value of real prop- 
erty, and the aggregate equalized value of personal property assessed 
in such locality, for the previous year, together with any other informa- 
tion in relation thereto, which may be demanded by the Auditor of 
Public Accounts. 

§ 5. [Auditor to certify rate required.] When the bonds, or 
other evidences of indebtedness, of any county, city, town, township, 
school district or other municipal corporation, shall be so registered, 
the Auditor of Public Accounts shall annually ascertain the amount of 
principal and interest due and accrued, and to accrue, for the current 
year, on all such bonds and evidences of indebtedness, so registered 
in his office, and shall upon the basis of the certificate of the valua- 
tion of property to be transmitted to him, as aforesaid, or, in case no 
such certificate shall be transmitted to him or filed in his office, then 
upon the basis of the total valuation of the property in such county, 
city, town, township, school district or other municipal corporation, for 
the year next preceding, estimate and determine the rate per centum, 
upon the valuation of such property, requisite to meet and satisfy the 
said interest, or interest and principal, as the case may be, together 
with the ordinary cost to the State, of the collection and disburse- 
ment of the same, to be estimated by the Auditor and State Treasurer, 
and shall make and transmit to the county clerk of such county, or 
of the county in which such city, town, township, school district, or 
other municipal corporation is situated, or to the officer or authority 
whose duty it is, or may be, to prepare the estimates and books for 
the collection of State taxes in such county, city town, township, 



RAILROAD AND IMPROVEMENT AID BONDS. 238 



school district or other municipal corporation, a certificate setting 
forth such estimated requisite per centum for such purposes, to be filed 
in his office; and the said per centum shall thereupon be deemed added 
to, and a part of the per centum which is or may be levied, or provided 
by law, for the purposes of State revenue, and shall be so treated by 
such clerk, officer or authority in making such estimates and books 
for the collection of State taxes; and the said taxes shall be collected 
with the State taxes, and all laws relating to the State revenue shall 
apply thereto, except as herein otherwise provided: Provided, That it 
shall be lawful for the county collector at any time before settlement 
with the State Treasurer to pay from such taxes, any coupons that are 
due for interest that may be presented for payment, and to pay from 
any surplus, not required for interest purposes, the principal of any 
such bond that may be presented for payment, whether due or not, 
and in settlement with the State Treasurer the county collector shall 
be credited with such paid coupons and bonds the same as money. 

§ t>. [State custodian — collection — payment.] The State shall 
be deemed the custodian only of the tax so collected, and shall not 
be deemed, in any manner, liable on account of such bonds, or other 
evidences of indebtedness; but the tax and funds so collected shall 
be deemed pledged and appropriated to the payment of the principal 
and interest of the registered bonds, and evidences of indebtedness, to 
satisfy which, the same is hereinbefore provided to be collected, as 
aforesaid, and such new bonds and evidences of indebtedness, issued 
under the authority hereof, shall be deemed secured and provided for, 
in virtue and faith hereof, until fully satisfied. The State shall, annu- 
ally collect and apply the said fund to the satisfaction of the interest, 
or interest and portion of the principal, as the case may be, of such 
registered bonds, or evidences of indebtedness, of any such county, 
city, town, township, school district or other municipal corporation, 
to the extent the same is herein contemplated to be derived from such 
tax, in the same manner as the interest on the bonds of the State is, 
or may be collected, or paid, and in like moneys as shall be receiv- 
able in payment of State taxes; and moneys so paid upon the principal 
of any such bonds, or evidences of indebtedness, shall be endorsed 
thereon, and due receipts therefor shall be taken and filed in the office 
of the Auditor of Public Accounts, or State Treasurer, and interest 
coupons, or bonds or other evidences of indebtedness, so paid, shall be 
returned to one of said officers, and shall be cancelled and returned 
to the corporate authorities of the municipality which issued the same, 
in the manner now provided by law. 

§ "7. [How money disbursed.] The state may, out of such fund, 
first retain or satisfy the ordinary co.«t to the state, of the collection 
and disbursement thereof; and in case of the non-presentment of any 
such bond, or evidence of indebtedness, or interest coupon of any such 
county, city, town, township, school district, or other municipal corpo- 
ration, for payment, at the times and when and where the interest on 
the State debt is, or may be paid, then, on the beginning of the next 
year, the moneys by reason thereof undisbursed, together with any 
surplus for any cause remaining, shall be carried to the fund of such 
county, city, town, township, school district or other municipal corpo- 



234 RAILROAD AND IMPROVEMENT AID BONDS. 



ration of the cm rent or ensuing year, and be considered by the Auditor 
in making his next estimate for taxation therein for such year under 
this act, and shall be applied accordingly. All laws relating to the 
payment of interest on the State debt, or the cancellation of the evi- 
dences thereof, not inconsistent with this act, shall apply to the re- 
ceipt, custody and disbursement of the taxes and funds provided by 
this act. 

§ 8. [When registered bonds mature and are not paid.] Upon 
the maturity of such registered bond, or other evidence of indebtedness, 
and the non-payment thereof by the county, city, town, township, 
school district, or other municipal corporation issuing the same, the 
holder thereof may cause the same to be registered in the office of 
the Auditor, as a matured or unsatisfied bond, or evidence of indebted- 
ness, and thereupon, for the purpose of providing for the payment of 
the principal thereof, at the rate of five per centum of such principal, 
annually, and of the interest thereon in arrear, and for the current 
year to accrue, together with the cost to the State of the collection 
and disbursement thereof, as aforesaid; the same proceedings in all re- 
spects, shall be had as is hereinbefore provided, for the payment of 
the interest on such bonds and evidences of indebtedness, by the col- 
lection of an annual tax sufficient for the purposes in the section con- 
templated; and the same shall be collected and applied, as aforesaid, 
to such purpose, from year to year, until the full satisfaction thereof, 
when such bonds or evidences of indebtedness shall be canceled and 
returned, as hereinbefore provided. 

§ 9. [Entrv of payment.] Upon the payment of any such regis- 
tered bond, or evidence of indebtedness, and presentation thereof to 
the Auditor, he shall cause due entry thereof to be made in his office. 

§ 10. [Fees — collector's bono.] There shall be allowed to the 
officers collecting and paying over the taxes authorized to be collected 
under the provisions of this act, the same fees, or compensation, as 
is or may be allowed by law for collecting and paying over State 
taxes, and where such tax is levied, the bonds of the collectors thereof, 
shall be increased in proportion to the estimated amount of such tax 
to be collected. 

Approved June 4th, 1879. 



BONDS — BY WHOM EXECUTED. *J35 



BONDS— BY WHOM EXECUTED. 



SECTION 11. BONDS—BY \VHOM EXECUTED. 

An Act to amend an act entitled "An act to amend an act entitled 
11 An act relating to county and city debts, and to provide for the 
payment thereof by taxation in such counties and cities,'''' approved 
February 13, 1865. and to amend the title thereof, approved and in 
force April 27, 1877. Approved May 28, 1879. In force July 1, 
1879. 

Be it enacted by the People of the State of Illinois, represented in 
the General Assembly, That an act entitled "An act to amend an act 
entitled "An act relating to county and city debts, and to provide 
for the payment thereof, by taxation in such counties and cities, 
approved February 13, 1865, and to amend the title thereof, '' 
approved and in force April 2 7, 1877, be and the same is amended 
by adding the following section after section 10 in said act. 

§ 11. | Bonds — by whom executed.] All bonds issued under this 
act shall be executed on behalf of the municipalities issuing the 
same by the following named officers, viz: On behalf of counties 
under the township organization, laws of this State, by the chairman of 
the board of supervisors and the clerk of the county court attesting the 
same with his signature and official seal. On behalf of counties not 
under township organization by the acting chairman of the board 
of county commissioners together with the clerk of the county court 
attesting the same with his signature and official seal. On behalf of 
cities, by the mayor and city clerk together with the seal of the city 
on behalf of towns organized under the township organization law 
of this State, by the supervisor or supervisors of such town, (as the 
case may be) and the town clerk of such towns. On behalf of all 
other municipalties herein before mentioned by the president, chair- 
man, or chief executive officer thereof together with the clerk or 
secretary thereof. Provided, that nothing herein contained shall be so 
construed as to authorize the officers herein mentioned to issue bonds 
under this act except upon a majority vote of the voters as herein 
before provided. 

Api'Boved May 28th, 1879. 



RECEIVERS AND ASSIGNEES. 



RECEIVERS AND ASSIGNEES. 



S 1. Receiver to make detailed statement, I 8 2. Statements once in four months, 
etc. I 8 3 Removal of receivers. 

An Act relating to receivers and assignees o*' banks, banking institu- 
tions, banking firms and savings banks. Approved May 31, 1879. 
In force July 1, 1879. 

Section 1. [Receiver to make detailed statement, etc.] Be it 
enacted by the People of the State of Illinois, represented in the Gen- 
eral Assembly, That it shall be the duty of the receiver or assignee of 
any savings or other banks or any private banker or firm doing a bank- 
ing business immediately upon a request made to him thereof, in 
writing, signed by any ten depositors of such bank, of which he shall 
be the receiver or assignee, to make and file in the court in which said 
cause is pending a detailed statement, (which statement may be pub- 
lished if the court shall deem proper), showing all the assets of such 
bank, of whatever kind or nature and of all promises to pay, of 
whatever kind or nature, showing: 1st. When such promises were 
made or arose. 2nd. When they were or are due. 3rd. The names 
of the persons making such promises. 4th. The thing to be paid, 
and if money, the amount thereof, the rate of interest thereof, if any 
and the amount of interest due and unpaid thereon, if any. 5th. 
Whether the payment of such debt has been extended, and if so, from 
when and how many times. 6th. A particular description of whatever 
collateral security or guarantee thereof such bank may have, 
and if it be that of a person, the name of such person. 
Which detailed statement shall be open to inspection by all parties 
in interest, and also a statement taken from the books of such 
bank, of the number and amount of the shares of the capital stock 
of such bank, the names and addresses if known of all of the stock- 
holders, the number of shares held by each, when acquired and 
from whom. 

§ 2. [Statements once in four months.] Such receiver or 
assignee shall be required to make and file such statements not 
oftener than once in four months. 

§ 3. [May be removed.] It shall be the duty of any court that 
has appointed any such receiver, to remove immediately such receiver 
upon his failure to comply with this act; and any assignee failing to 
comply with this act shall be removed upon the order of any court 
of competent jurisdiction. 

Approved Mav 31st, IS "9. 



RECORDERS. 2 8 1 



RECORDERS. 



DEPUTY RECORDER. 



S 1. Deputy recorder— Emergency. 



An Act to amend section seven (7) of an act entitled "An Act to revise 
the law in relation to Recorders," approved March 0, 1874. Ap- 
proved and in force March 20, 1879. 

Section 1. Be it enacted by the People of the State of IlliJiois, rep- 
resented in the General Assembly, That section seven of an act entitled 
"An act to revise the law in relation to Recorders," approved March 
6th, 1874, be amended so as to read as follows: 

§ 7. [Deputy recorders — powers — emergency.] Deputy recorders 
duly appointed and qualified may perform any and all duties of the 
recorder'in the name of the recorder and the acts of such deputies 
shall be held to be the acts of the recorder, and in case of the death of 
the recorder or his deposition from office the chief deputy shall there- 
upon become the acting recorder until such vacancy shall be filled ac- 
cording to law, and he shall file a like bond and be vested with the 
same powers and subject to the same responsibilities and entitled to 
the same compensation as in case of recorder. 

Whereas, An emergency exists this law shall therefore be in force 
on and after its passage. 

Approved March 20th, 1879., 



vacancy. 

§ 1. Deputy recorder— Emergency. 

An Act to legalize the acts of Deputy Recorders. Approved and in 

force March 20, 1879. 

Section ,; . [Death of recorder — deputy — emergency.] JBe it 
enacted by the People of the State of Illinois, represented in the Gen- 
eral Assembly, That in all cases where a recorder of deeds has here- 
tofore died, or his office for any cause has become vacant, and the 
duties of such office have been performed by the deputy recorder, the 
acts and proceedings of such deputy recorder, performed in and about 
the business of said office, or which may be performed until a recor- 
der shall be elected as provided by law, are hereby declared legal and 



RECORDERS — RECORDS — REPLEVIN. 



of the same force and. effect as if said acts of such deputy had been 
performed before such vacancy ocourred. 

Whereas, An emergency exists, therefore this law shall be in force 
on and after its passage. 

Approved March 20th, 1879. 



, RECORDS. 



UNITED STATES LAND OFFICE. 
§ 1. Custodian for records. | §3. Emergency. 

An Act to designate a custodian for the transcripts, documents and 
records pert/aining to the Uriited States Land Office, formerly located 
at Springfield, Illinois. Approved and in force May 21, 1879. 

Section 1. [Auditor custodian.] Be it enacted by the People of 
the State of Illinois, represented in the General Assembly, That the 
Auditor of Public Accounts be and he is hereby designated as the 
custodian of all transcripts, documents and records pertaining to the 
United States Land Office, formerly located at Springfield, Illinois, 
which are to be transferred to the State of Illinois, by the Secretary 
of the Interior, in pursuance of act of Congress, approved July 31st, 
1876. 

§ 2. [Emergency.] Whereas, An emergency exists; therefore, 
this act shall be in force from and after its passage. 

Approved May 21st, 1879. 



REPLEVIN. 



bond. 

I 10. Replevin bond. I § 36. Suit on bond. 

An Act to amend sections ten and twenty-five of an act entitled, "An 
act to revise the law in relation to replevin?'' approved February 9th 
1874. In force July 1st, 1874. Apjyroved May 28th, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That sections ten and twenty-flv« 



REPLEVIN. 280 



of an act entitled, "An act to revise the law in relation to replevin," 
approved February 9th, 1874, in force July 1st, 1874, be, and the 
same is, hereby amended so as to read as follows: 

§ JO. [Replevin bond.] Before the execution of any writ of re- 
plevin, the plaintiff or some one else on his behalf, shall give to the 
Sheriff, Constable or other officer, bond with ' sufficient security 
in double the value of the property about to be replevied. Condi- 
tioned that he will prosecute such suit to effect, and without delay, 
and make return of the property, if return of the property shall be 
awarded, and save and keep harmless such Sheriff, Constable or other 
officer, as the case may be, in replevying such property, and further 
conditioned for the payment of all costs, and damages occasioned by 
wrongfully suing out said writ of replevin, and if the sureties on such 
bond at any time before trial, shall become insolvent, a rule nisi shall 
be entered, requiring good and sufficient replevin bond to be filed, 
and if the same shall not be so filed within the time fixed by the 
court, the suit shall be dismissed. 

§ 25. [Suit on bond. J If at any time the conditions of the bond 
required by section ten of this act shall be broken, the Sheriff, Con- 
stable, or other officer or plaintiff in the name of the Sheriff, to his 
own use, as the case may be, may sue and maintain an action on such 
bond for the recovery of all such damages and costs, as may have 
been sustained in consequence of the breach of such condition. 

Approved May 28th, 1879. 



FORFEIT ORE. 



§ 230. Suit for tax on forfeited property. 

An Act to amend section 230 of an act entitled "An Act for the 
assessment of property and for the levy and collection of taxes" ap- 
proved March 30, 1872, and in force July 1 1872. Approved May 
29, 1879. In force July I, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section 230 of an act en- 
titled "An act for the assessment of property and for the levy and 
collection of taxes," approved March 30, 1872, be and is hereby amend- 
ed to read as follows: 

§ 230. [Suit for tax on forfeited property.] The county board 
may at any time institute suit in an action of debt in the name of 
the People of the State of Illinois, in any court of competent juris- 
diction for the whole amount due on forfeited property; or any county, 



240 



REVENUE. 



city, town, school district, or other municipal corporation, to which 
any such tax may be due, may at any time institute suit in an action 
of debt, in its own name, before any court of competent jurisdiction, 
for the amount of such tax due any such corporation on forfeited 
property, and prosecute the same to final judgment; and on the sale 
of any property following such judgment, on execution or otherwise, 
any such county, city, town school district, or other municipal corpora- 
tion interested in the collection of said tax may become the purchaser 
at such sale of either real or personal property, and if the property 
so sold is not redeemed (in the case of real estate) may acquire, hold, 
sell and dispose of the title thereto, the same as individuals may do, 
under the laws of this State; and in any such suit or trial for forfeited 
taxes, the fact that real estate is assessed to a person, firm or incorpo- 
ration, shall be prima facie evidence that such person, firm or incorpo- 
ration was the owner thereof, and liable for the taxes for the year or 
years for which the assessment was made; and such fact may be proved 
by the introduction in evidence of the proper assessment book or roll, 
or other competent proof. 

Approved May 29th, 1879. 



REVENUE. 



LISTING PROPERTY— ASSESSMENT BOOK-REVIEW OF ASSESSMENT, ETC. 



58. 
66. 

60. 
70. 
76. 



8 123. 
8 125. 
8 126. 
8 128. 
8 132. 
8 161. 



Real property— listed May 1st. 

How books to be made— sepai ate 
books for cities, etc. 

Books ready 1st May. 

Assessors to call for books. 

How real estate assessed. 

Review of assessment — time— pro- 
ceedings. 

Assessor to add up columns, etc. 

Return. 

Books delivered to town clerk— re- 
view of assessment. 

Clerk' s report to auditor. 

Collector's books. 

County collector to deposit books. 

Rates— how extended. 

State and county taxes. 

Collector's warrants. 

Collection after return of county 
collector. 



8 163. Entry of payment— receipt— evidence 

—name of owner. 

8 170. Form of return as to personal tax. 

8 171. Credits, etc. 

§ 172. Form of return as to real estate. 

§ 180. Form of receipt. 

8 181. Powers to collect. 

§ 188. Delinquent list— form. 

8 189. Tax may be paid before sale. 

8 190. Payments reported— list corrected. 

8 196. Proceedings in case of appeal. 

8 194. Process of sale. 

8 200. Sale and redemption record. 

§ 211. When purchaser suffers land to be 

sold again. 

§ 2. Repeal. 

8 3. Exception. 



An Act to amend sections, fifty-eight (58), sixty-six, (66) as heretofore 
amended; sixty-nine (69), seventy (70), seventy-six (76), eighty-six (86), 
eighty-nine (89), ninety (90), ninety-two (92), as heretofore amended; 



REVENUE. 24 J 



ninety-eight (98), one hundred and twenty -three (123), one hundred and 
twenty -five (125), one hundred and twenty-six (126), one hundred and 
twenty-eight (128), one hundred and thirty-two, (132), one hundred and 
sixty-one (J 61), one hundred and sixty-three (163), one hundred and 
seventy (170), one hundred and seventy-one (1*7 l) , one hundred and sev- 
enty-two (172), one hundred and eighty (180), one hundred and eighty- 
one (181), as heretofore amended; one hundred a) id eighty -eight (J 88), 
one hundred and eighty-nine (i89), one hundred and ninety (190), 
one hundred and ninety-three (193), as heretofore amended; one hun- 
dred and ninety-four (194), two hundred (200), and tico hundred and 
eleven (211), of an act entitled "An act for the assessment of property 
and for the levy and collection of taxes," approved March 3u, 1872, 
in force July 1, 1872; and to repeal sections one hundred and twenty - 
four (124), one hundred and ninety-five (195), one hundred and 
ninety-eight (1 98), and two hundred and twenty-six (226), of said act. 
Approved May 29, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People oj the State of Illinois, 
represented in the General Assembly, That sections fifty-eight (58), 
sixty-six (66), as heretofore amended; sixty-nine (69), seventy (70), sev- 
enty-six (76), eighty-six (86), eighty-nine (89), ninety (90), ninety-two 
(92), as heretofore amended; nine-eight (98), one hundred and twenty- 
three (123), one hundred and twenty-five (125), one hundred and 
twenty six (126), one hundred and twenty-eight (128), one hundred 
and thirty-two, (132), one hundred and sixty-one (161), one hundred and 
sixty-three (163), one hundred and seventy (170), one hundred and 
seventy-one (171), one hundred and seventy-two (172), one hundred and 
eighty (180),. one hundred and eighty-one (181), as heretofore amend- 
ed; one hundred and eighty-eight (188), one hundred and eighty- 
nine (189), one hundred and ninety (190), one hundred and ninety- 
three (198), as heretofore amended; one hundred and ninety-four (191), 
two hundred (200), and two hundred and eleven (211), of an act en- 
titled "An act for the assessment of property and for the levy and 
collection of taxes," approved March 30, 1872, in force July 1, 1872, 
be and the same are hereby amended to read as follows: 

§ 58. [Real property — listed may 1st. J All real property in 
this State, subject to taxation under this act, including real estate be- 
coming taxable for the first time, shall be listed to the owners there- 
of, by such owners, their agents, county clerks or assessors, or the 
county board, and assessed for the year one thousand eight hundred 
and eighty, and quadrennially thereafter, with reference to the amount 
owned on the first day of May, in the year in which the same is as- 
sessed, including all property purchased on that day, which assessment, 
as modified or equalized as provided by law, shall be the assessment 
upon which taxes shall be levied and extended during the quadren- 
nial period for which the same is made: Provided, that no assess- 
ment of real property shall be considered as illegal by reason of the 
same not being listed or assessed in the name of the owner or owners 
thereof. 

§ 66. [HOW BOOKS TO BE MADE SEPARATE BOOKS FOR CITIES, ETC. | 

The county clerk shall make up for the several towns or districts in 



242 REVENUE. 



his county, in books to be provided for that purpose, the lists of lands 
and lots to be assessed for taxes. When a whole section, half section, 
quarter section or half quarter section belongs to one owner, it shall, 
at the request of the owner, or his agent, be listed as one tract; and 
when all lots in the same block belong to one owner, they shall, at 
the request of the owner, or his agent, be listed as a block. When 
several adjoining lots in the same block belong to the same owner, 
they shall, at the request of the owner, or his agent, be included in 
one description: Provided, that when any tract or parcel of real estate 
is situated in more than one town, or in more than one school, road 
or other district, the portion thereof in each town or district shall be 
listed separately. Said clerk shall enter in the proper column, oppo- 
site the respective tracts or lots, the names of the owners thereof so 
far as he shall be able to ascertain the same. Said book shall con- 
tain columns in which may be shown the name of the owner or owners 
of the tracts or lots of land to be returned by the assessor, the number 
of acres or lots improved and the value thereof; the number of acres 
or lots not improved and the value thereof; the value of subsequent 
improvements, made, and a column for loss in value of real estate oc- 
casioned by the destruction of improvements, and a column for total 
value. Separate columns shall also be ruled in said book to show the 
valuation as corrected and equalized by the town board, in counties 
under township organization, by the county board and by the State 
board of equalization. Said books shall also contain proper columns 
for the extension of taxes, the first for State, county, town, and such 
other taxes as are computed by a uniform rate upon all the taxable 
property throughout the township or district, in the respective tax books, 
to be denominated "consolidated tax," which rate shall be combined, 
and such taxes computed and set down in one item, opposite each as- 
sessment. All other taxes shall be computed and set down in sepa- 
rate columns. Said books shall contain such columns as may be nec- 
essary for the extension of other taxes not computed by a uniform rate 
upon all the property in such books, and also a column for total tax 
and a column to show the amount paid to the town or district collec- 
tor, and one to show the amount paid the county collector, and such 
space as may be necessary to show the date of payment and for whom 
paid. Each book shall be paged in consecutive numbers, beginning 
with number one in each book, and each line on each double page of 
such book shall be numbered consecutively, beginning with number 
one on each double page of each book. In counties not under town- 
ship organization, such books shall be made up by congressional town- 
ships, but parts of townships, or fractional townships less than full 
townships may be added to full townships at the discretion of the 
county board. In counties under township organization said books 
shall be made to correspond with the organized townships. Separate 
books may be made for the collection of all taxes within the corpor- 
ate limits of cities, towns and villages, and for the collection of taxes 
on personal estate. This section shall not be construed to interfere 
with the tax book provided for the use of county collectors for collect- 
ing all taxes charged against railroad property and telegraph compan- 
ies, and the county clerk shall furnish to the assessors of the several 
towns and districts in his county, when necessary, a book or books in 



REVENUE. 243 



which to note and assess the value of improvements made or destroy- 
ed, in years subsequent to the general assessment of real estate. The 
county clerk shall make a tabular statement in each of said books, of 
the rate per cent, of addition or deduction, as made by the county 
and State boards of equalization, and the rate of extension of each 
kind of tax made upon such books. Said books shall be ruled for the 
extension of four years taxes. 

§ 69. [Books ready by 1st may.] The county clerk shall cause 
such assessment books, and all blanks necessary to be used by the as- 
sessor in the assessment of real or personal property, to be in readi- 
ness for delivery to the assessor on or before the first day of May in 
the year for which such assessment is made. 

§ *70. [Assessors to call for books.] It shall be the duty of the 
county, town or district assessor to call on the county clerk on or be- 
fore the first day of May, in the year 1880 and on the first day of 
May, quadrennially thereafter, for the assessors books and blanks for 
the assessment of real estate, and on the first day of May, annually, 
for the books for the assessment of personal property and improve- 
ments made or destroyed, and the failure of any assessor to do so 
shall be deemed sufficient cause to declare his office vacant and for 
the appointment of a successor. 

§ 16. [How real estate assessed.] Assessors shall, between the 
first day of May and the first day of July, in the year 1880 and be- 
tween the first day of May and the first day of July every fourth 
year thereafter, actually view and determine, as nearly as practicable, 
the fair cash value of each tract or lot of land listed for taxation, 
and set down in proper columns in the book furnished him the value 
of each tract or lot improved, the value of each tract or lot not im- 
proved, and the total value. Said assessor, shall between the first day 
of May and the first day of July, in each year, after the regular 
assessment, of real estate report to the county clerk the value of im- 
provements on any tract of land or lot which have been made or 
destroyed since the preceding general assessment of real estate, and 
not already reported, describing the premises upon which such im- 
provements are or have been located as the same are described in the 
general real estate assessment roll, in a book to be provided for that 
purpose and it shall be the duty of the county clerk, upon the receipt 
of such assessment, to add to or deduct from the assessed values of 
the tracts of lands or lots upon which such improvements are or have 
been located, the values of the same as equalized by the town board, 
and the general assessment of real estate as modified by such additions 
or deductions, shall be the assessment of real estate for such year. 

§ 86. [Review of assessment — time — proceedings.] In counties 
under township organization, the assessor, clerk and supervisor of the 
town shall meet on the fourth Monday of June, in the year eighteen 
hundred and eighty, and every fourth year thereafter, for the purpose 
of reviewing the assessments of real and personal property in such 
town. And on the fourth Monday of June, in every year, for the 
purpose of reviewing and correcting the assessment of personal property, 
and of improvements upon real property, made or destroyed. And on 



244 REVENUE. 



the application of any person considering himself aggrieved, or who 
shall complain that the property of another is assessed too low, they 
shall review the assessment, and correct the same as shall appear to 
them just. No complaint that another is assessed too low shall be 
acted upon until the person so assessed, or his agent, shall be noti- 
fied of such complaint, if a resident of the county. Any two of said 
officers meeting, are authorized to act, and they may adjourn from 
day to day till they shall have finished the hearing of all cases pre- 
sented on said day. Property assessed after the fourth Monday of 
June shall be subject to complaint to the county board, subject to the 
rules specified in this section. 

§ 89. [Assessor to add up columns, etc.] The assessor shall add 
up and note the aggregate of each column in his assessment books of 
real and personal property and improvements, and shall also add in 
each book, under proper headings, a tabular statement, showing the 
footings of the several columns upon each page; and shall add up and 
set down, under the respective headings, the totals of the several 
columns. When an assessor returns several assessment books of real 
or personal property, he shall, in addition to the tabular statements 
herein required, return a statement in like form showing the totals of 
all the books. 

§ 90. [Return.] The assessor shall, on or before the first day of 
July of the year for which the assessment is made, return his assess- 
ment books to the county clerk, verified by his affidavit, substantially 
in the following form: 

State of Illinois ) 

County. ) ' k ' 

I, , assessor of , 

do solemnly swear that the book to which this is attached contains a 
correct and full list of all the real property (or "personal property' 1 
or improvements, as the case may be,) subject to taxation in, 

, so far as I have been able to ascertain the 

same; and that the assessed value set down in the proper column op- 
posite the several kinds and descriptions of property is, in each case, 
the fair cash value of such property, to the best of my knowledge 
and belief, (where the assessment has been corrected by a town 
board, "except as corrected by the town board,") and that the footings 
of the spveral columns in said book, and tabular statement returned 
herewith, is correct, as I verily believe. 

§ 92. [Books delivered to town clerk — review of assessment.] 
The several assessment and collectors books shall be filed in the office 
of the county clerk. Provided, that the county clerk shall, in the 
month of April, in any year, deliver to the town clerks of the several 
towns in the county, if required so to do, an abstract of the assess- 
ment of real estate for such town for the preceding year, showing in 
whose name assessed, the description of the tract or lot, and the total 
assessed value; and shall, also in the said month of April, in each year, 
deliver to said town clerks of the several towns in the county, the as- 
sessment books of the personal property of their respective towns, to- 



REVENUE. 245 



gether with the assessment of improvements made or destroyed of the 
previous year; such books to be returned by town clerks to the county 
clerks office before the first of July, of the same year. 

On the application of any person considering himself aggrieved, or who 
shall complain that the property of another is assessed too low, the 
assessor,- clerk and supervisor of such towns shall, at a meeting to be 
held on the second Monday of June in each year, excepting the years 
for the general assessment of real estate, review the assessment of any 
real estate from such abstract, and correct the same as shall appear 
to be just. No complaint that the real estate of another is assessed 
too low, shall be acted upon until the owner of such real estate, or 
his agent, if a resident in such county, shall be notified of such com- 
plaint. All taxes thereafter extended upon such real estate, prior to 
the next general assessment of real estate, shall be extended upon 
such equalized assessment, as modified by the rates of addition or de- 
duction determined by the State and county boards of equalization; 
and the said assessor, clerk and supervisor shall report in writing, on 
or before the first day of July next thereafter, their action at such 
meeting to the county clerk of such county, who shall make the nec- 
essary changes in the general real estate assessment books. 

§ 98. [Clerk's report to auditor.] On or before the tenth day 
of July, annually, it shall be the duty of county clerks, upon the re- 
ceipt of the assessment books, to make out and transmit to the Audit- 
or an abstract of the assessment of property, for such year, showing 
the number, value and average value of each kind, of enumerated 
property as shown by the assessment; the value of each item of un- 
enumerated property, and total value of personal property, the length 
of main track, the length of side track, and the numbers, values and 
average values of each separate item of railroad property; the number 
of acres, value and average value of improved lands; the number of 
acres, value and average value of unimproved lands; the total number 
of acres, total value and average value per acre, of all lands; the num- 
ber, value and average value of improved town and city lots; the 
number, value and average value of unimproved town and city lots; 
the total number of lots, total value and average value of all lots, and 
the total value of all property. Said abstracts shall be made out on 
blanks, which it shall be the duty of the Auditor to furnish the county 
clerks for that purpose. The values to be given in said abstract shall 
be the assessed valuations, except in the case of railroad property, de- 
nominated, '"railroad track" and "rolling stock," the value of which 
shall be given as returned by the railroad company to the county clerk. 
The county clerk, shall, at the same time and accompanying said ab- 
stract, furnish a detailed statement of the railroad property denominated 
"railroad track" and "rolling stock," reported by each road located 
in or through their counties. If there are any roads so located that 
have not made their reports as required by this act, the clerk shall re- 
port the fact, giving the name of such railroad. 

§ 123. [Collector's books.] The county clerk shall, annually, make 
out for the use of collectors, in books to be furnished by the county, 
lists of taxable personal property, as assessed and equalized, and may, 
when authorized by resolution of the county board, make books for 



246 REVENUE. 



the extension of taxes on real estate for each year, excepting the year 
in which the general assessment of real estate is made. 

§ 125. [County collector to deposit books.] The county col- 
lector shall annually, immediately after the sale of delinquent real 
estate, deposit in the office of the county clerk the general real estate 
assessment and collection books, to be used for the extension of taxes 
under the provisions of this act. 

§ 126. [Rates — how extended.] Said clerk shall extend upon the 
assessor's books the rates of addition or deduction ordered by the 
county board and State Board of Equalization, in the several columns 
provided for that purpose. The rates per cent, ordered by the State 
Board of Equalization shall be extended on the assessed valuation of 
property, as corrected and equalized by the county board. In all 
cases of extension of valuations, where the equalized valuation shall 
happen to be fractional, the clerk shall reject all such fractions as 
may fall below fifty cents; fractions of fifty cents or more shalJ be 
extended as one dollar. 

§ 128. [State and county taxes.] All taxes levied by proper 
authorities shall be extended by the respective county clerks upon 
the property in their counties, upon the valuation produced by the 
equalization and assessment of property by the State Board of 
Equalization. All taxes of a uniform rate throughout a town under 
township organization, or throughout a district in counties not under 
township organization, shall be extended in one column, District, 
village, city and other taxes not of such uniform rate, shall be 
extended in separate columns prepared for that purpose. In the 
extension of taxes, the clerk shall reject all fractions falling below 
half a cent; fractions of half a cent or more shall be extended as 
one cent. 

§ 132. [Collector's warrant.] To each assessment or collectors 
book, a warrant, under the hand and official seal of the county clerk, 
shall be annexed each year, commanding the collector to collect from 
the several persons named in said book, the several sums entered in 
the column of totals opposite their respective names. The warrant shall 
direct the collector to pay over the several kinds of taxes that may 
be collected by him, to the respective officers entitled thereto, less 
the compensation for collection allowed him by law. 

§ 161. [Collections after return of county collector.] The 
power and duty to levy and collect any tax due and unpaid, shall 
continue in and devolve upon the county collector and his successors 
in office, after his return and final settlement until the tax is paid; 
and the warrant attached to the collector's book, shall continue in 
force and confer authority upon the collector to whom the same was 
issued, and upon his successors in office, to collect any tax due and 
uncollected thereon, although such books may have been returned, or 
the tax carried forward into any other book. This section shall apply 
to all collectors books and tax warrants heretofore issued, upon which 
taxes may be due and unpaid, as well as those hereafter issued. 



REVENUE. • 247 



§ 163. [Entry of payment — receipt — evidence — name, etc., of 
OWNTER.] Whenever any person shall pay the taxes charged on any 
property, the collector shall enter such payment in his book, and 
give a receipt therefor, specifying for whom paid, the amount paid, 
what year paid for, the property and equalized value thereof on 
which the same was paid, according to its description in the collectors 
book, in whole or in part of such description, as the case may be, 
and the several rates of extension of taxes, and such entry and 
receipt shall bear the genuine signature of the collector or his deputy 
receiving such payment ; and whenever it shall appear that any 
receipt for the payment of taxes shall be lost or destroyed, the entry 
so made may be read in evidence in lieu thereof. The collector shall 
enter the name of the owner or of the person paying tax, opposite 
each tract or lot of land, when he collects the tax thereon, and the 
postofhce address of the person paying said tax. 

§ 170. [Form of return as to personal tax.] If any town or 
district collector shall be unable to collect any tax on personal 
property, charged in the tax book, by reason of the removal or 
insolvency of the person to whom said tax is charged, or on account 
of any error in the tax book, he shall, at the time of returning his 
book to the county collector, note, in writing, opposite the name of 
each person charged with such tax, the cause of failure to collect 
the same, and shall make oath that the cause of delinquency or error 
noted is true and correct, and that such sums remain due and unpaid, 
and that he has used due diligence to collect the same, which 
affidavit shall be entered upon said collectors book, and be signed by 
the town or district collector. 

§ 171. [Credits, etc] Upon the filing of said book, the county 
collector shall allow the town or district collector credit for the 
amount of taxes therein stated to be unpaid, and shall credit the 
same to the several funds for which said tax was charged. When 
the county collector makes settlement with the county board, such 
statements shall be sufficient voucher to entitle him to credit for the 
amount therein stated, less such amount thereof if any, that may have 
been collected by him. In no case shall any town or district 
collector, or county collector, be entitled to abatements for personal 
property tax until the statement and affidavit are filed. 

§ 172. [Form of return as to real estate.] Each town or 
district collector, at the time of returning his tax book to the county 
collector, shall make affidavit, to be entered upon such book and 
subscribed by the collector, that the taxes charged against each tract 
or lot, or assessment of personal property remain due and unpaid at 
the date of making such affidavit in each case where there does not 
appear in the proper column the amount of such taxes as having 
been paid to such collector, and the date of payment and the name 
of any person as having paid the same; which affidavit shall be 
prima facie evidence of the facts therein stated. 

§ 180. [Form of receipt.] On the application of any person to 
pay any tax or special assessment upon any real property, it shall be 
the duty of the county collector to make out to such person a receipt, 



248 REVENUE. 



in which shall be noted all taxes and assessments upon such property 
returned to such collector, and not previously paid. Said receipt shall 
be provided with columns for the State equalized value, and for the 
"consolidated" and other taxes, and shall show the several rates of 
extension of taxes. 

§ 181. [Powers to collect.] County collectors shall have the same 
powers, and may proceed in the same manner, for the collection of 
any tax on real or personal property, as town or district collectors; 
and if in any town or collection district the office of town or distiict 
collector is or shall become vacant, and such vacancy shall not be filled 
on or before the tenth day of March next following such vacancy, or 
if in any town or collection district the books for the collection of 
taxes, for any reason, have not been or shall not be, delivered to the 
town or district collector, on or before the tenth day of March in any 
year, the county clerk shall deliver all such collectors books to the 
county collector of such county having annexed to each of such books 
a warrant under the hand and official seal of the county clerk, com- 
manding such county collector to collect from the several persons 
named in such books, the several sums of taxes therein charged opposite 
their respective names, and authorizing him in case any person named 
in such collectors books shall neglect or refuse to pay his personal 
property tax, to collect the same by distress, and sale of the goods 
and chattels of such person. It shall thereupon be the duty of such 
county collector to collect and pay over all taxes, assessments, and 
other charges shown in such books and to do all acts, required of him 
by law, in like manner as if such taxes, assessments and other charges, 
had been duly returned delinquent by a town or district collector, 
jrhe collectors books so delivered to the county collector, by the coun- 
ty clerks, shall, for all purposes, in all subsequent proceedings, be 
used in the same manner, and have the same force and effect as if 
said books were delivered to the town or district collectors, and duly 
returned by them, as provided by law. When any injunction re- 
straining the collection of taxes shall be dissolved after the tax books 
shall have been returned to the county collector, such taxes or the por- 
tion thereof, upon which such injunction shall have been dissolved, 
shall be paid to the county collector, who shall have the same power 
and shall proceed in the same manner for the collection of such taxes, 
as though the same or such portion thereof had never been enjoined. 

§ 188. [Delinquent list — form.] The collector shall transcribe 
into a book prepared for that purpose, and known as the tax, judg- 
ment, sale, redemption, and forfeiture record, the list of delinquent 
lands and lots, which shall be made out in numerical order, and con- 
tain all the information necessary to be recorded, at least five days 
before the commencement of the term at which application for judg- 
ment is to be made; which book shall set forth the name of the own- 
er, if known; the proper description of the land or lot, the year or 
years for which the tax or special assessments are due; the valuation 
on which the tax is extended; the amount of the consolidated and 
other taxes and special assessments; the costs and total amount of 
charges against such land or lot. Said book shall also be ruled in 
columns, so as to show the amount paid before the rendition of judg- 



REVENUE. 249 



raent; the amount of judgment, and a column for remarks; the amount 
paid before sale and after the rendition of said judgment, the amount 
of the sale, amount of interest or penalty, amount of cost, amount 
forfeited to the State, date of sale, acres or part sold, name of pur- 
chaser, amount of sale and penalty, taxes of succeeding years, interest 
and when paid, interest and cost, total amount of redemption, date of 
redemption, when deed executed by whom redeemed, and a column 
for remarks, or receipt, of redemption money. 

§ 189. [Tax may be paid before sale.] Any person owning or 
claiming lands or^ots upon which judgment is prayed, as provided 
in this act,, may, in person or by agent pay the taxes, special assess- 
ments, interest and costs due thereon, to the county collector of the 
county, in which the same are situated at any time before sale. 

§ 190. [Payments reported — list corrected.] On the first day 
of the term at which judgment on delinquent lands and lots is prayed, 
it shall be the duty of the collector to report to the clerk all the 
lands or lots as the case may be, upon which taxes and special as- 
sessments have been paid, if any, from the filing of the list mentioned 
in section one hundred and eighty-eight up to that time; and the clerk 
shall note the fact opposite each tract upon which such payments have 
been made. The collector assisted by the clerk, shall compare and 
correct said list, and shall make and subscribe an affidavit, which shall 
be as nearly as may, be, in the following form: 

I , collector of the county of . . . . , do 

solemnly swear (or affirm, as the case may be,) that the foregoing is 
a true and correct list of the delinquent lands and lots within the 

county of upon which I have been unable to collect 

the taxes (and special assessments, interest, and printer's fees, if any,) 
charged thereon, as required by law, for the year or years therein set 
forth; that said taxes now remain due and unpaid, as I verily believe. 

Said affidavit shall be entered at the end of the list, and signed by 
the collector. 

§ 193. [Proceedings in case of appeal.] If judgment is rendered 
by any court, at any time, against any lands or lots, for any tax or 
special assessment, the county collector shall, after publishing a notice 
for sale, in compliance with the requirements of section 182 of this 
chapter, proceed to execute such judgment by the sale of lots and 
lands against which such judgment has been rendered. Provided, how- 
ever, that in case of an appeal from any such judgment the collector 
shall not sell until such appeal is disposed of. 

§ 194. [Process for sale.] On the day advertised for sale, the 
county clerk, assisted by the collector shall carefully examine said list 
upon which judgment has been rendered, and see that all payments 
have been properly noted thereon, and said clerk shall make a certificate 
to be entered on said record, following the order of court that such 
record is correct, and that judgment was rendered upon the property 
therein mentioned for the taxes, interest and costs due thereon, which 
certificate shall be attested by the clerk under seal of the court and shall 



250 REVENUE. 



be the process on which all real property or any interest therein shall 
be sold for taxes, special assessments interest and costs due thereon 
and may be substantially in the following form: 

I , clerk of the county court, in and for the 

county of .... , do hereby certify that the foregoing is a true 
and correct record of the delinquent real estate in said county, against 
which judgment and order of sale was duly entered in the county 

court of said county, on the day of . . . 18 . . , 

for the amount of the taxes, special assessments, interest and costs due 
severally thereon as therein set forth, and that the judgment and order 
of court in relation thereto fully appears on said record. . 

§ 200. [Sale and redemption record.] Said book shall be known 
and designated as the tax judgment sale, redemption and forfeiture 
record, and be kept in the office of the county clerk. 

§ 211. [When purchaser suffers land to 3E sold again.] If 
any purchaser of real estate sold for taxes or special assessment shall 
suffer the same to be forfeited to the State, or again sold for taxes or 
special assessment, before the expiration of the last day of the second 
annual sale thereafter, such purchaser shall not be entitled to a deed 
for such real property until the expiration of a like term from the 
date of the second sale or forfeiture, during which time the land shall 
be subject to redemption, upon the terms and conditions prescribed in 
this act; but the person redeeming shall only be required to pay, for 
the use of such first purchaser, the amount paid by him. The second 
purchaser, if any, shall be entitled to the redemption money, as pro- 
vided for in the preceding section. Provided, however, it shall not be 
necessary for any municipal corporation which shall bid in its own de- 
linquent special assessments, at any sale, in default of other bidders, 
to protect the property from subsequent forfeitures or sales, as above 
required in this section. 

§ 2. [Repeal.] Sections one hundred and twenty-four (124), one 
hundred and ninety-five (195), one hundred and ninety-eight (198), 
and two hundred and twenty-six (226) of an act entitled "An act for 
the assessment of property, and for the levy and collection of taxes," 
approved March 30, 1872; in force July 1st 1872, are hereby repealed. 

§ 3. [Exception.] The provisions of this act shall not apply to 
any proceedings already begun for the collection of taxes or special 
assessments. 

Approved May 29th, 1879. 



REVENUE. 251 



RULES FOR VALUING PERSONAL PROPERTY . 

§ 3. Personal property. I S 33. Banks and banking- institutions. 

An Act to amend sections three (3) and thirty-two (32) of an act en- 
titled u A?i Act for the assessment of property, and for the levy and 
collection of taxes" approved March 30, 1872. Approved May 13, 

- 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That section three (3) of an act 
entitled "An act for the assessment of property, and the levy and 
collection of taxes, approved March 30, 1872; in force July 1, 1872, 
be, and the same is, hereby so amended as to read as follows: 

§ 8. [Rules for valuing personal property.] Personal property 
shall be valued as follows: 

First, All personal property, except as herein otherwise directed, 
shall be valued at its fair cash value. 

Second, Every credit for a sum certain, payable either in money or 
labor, shall be valued at a fair cash value, for the sum so payable; if 
for any article of property, or for labor or services of any kind, it 
shall be valued at the current price of such property, labor or service. 

Third, Annuities and royalties shall be valued at their then present 
total value. 

Fourth, The capital stock of all companies and associations now or 
hereafter created under the laws of this State, (except those required 
to be assessed by the local assessors, as hereinafter provided) shall be 
so valued by the State Board of Equalization as to ascertain and de- 
termine, respectively, the fair cash value of such capital stock, includ- 
ing the franchise, over and above the assessed value of the tangible 
property of such company or association. Said board shall adopt such 
rules and principles for ascertaining the fair cash value of such capital 
stock, as to it may seem equitable and just; and such rules and prin- 
ciples, when so adopted, if not inconsistent with this act, shall be as 
binding and of the same effect as if contained in this act, subject, 
however, to such change, alteration or amendment as may be found, 
from time to time, to be necessary by said board: Provided, that in 
all cases where the tangible property or capital stock of any company 
or association is assessed under this act, the shares of capital stock of 
any such company or association shall not be assessed or taxed in 
this State. This clause shall not apply to the capital stock, or shares 
of capital stock, of banks organized under the general banking laws 
of this State: Provided, further, that companies and associations or- 
ganized for purely manufacturing purposes, or for printing, or for pub- 
lishing of newspapers, or for the improving and breeding of stock, 
shall be assessed by the local assessors in like manner as the property 
of individuals is required to be assessed. 

§ 2. That the thirty-second (32) section of said act is hereby so 
amended as to read as follows: 



252 REVENUE. 



§ 32. [Rules for listing and valuing property of banking and 
other corporations.] Banking, bridge, express, ferry, gravel road, 
gas, insurance, mining, plank road, savings bank, stage, steamboat, 
street railroad, transportation, turnpike, and all other companies and- 
associations incorporated under the laws of this State (other than banks 
organized under the general banking laws of this State and the cor- 
porations required to be assessed by the local assessors as hereinbefore 
provided) shall in addition to the other property required by this act 
to be listed, make out and deliver to the assessor a sworn statement 
of the amount of its capital stock, setting forth particularly, 

First, The name and location of the company or association. 

Second, The amount of capital stock authorized, and the number of 
shares into which such capital stock is divided. 

Third, The amount of capital stock paid up. 

Fourth, The market value, or if no market value, then the actual 
value of the shares of stock. 

Fifth, The total amount of all indebtedness, except the indebtedness 
for current expenses, excluding from such expenses the amount paid 
for the purchase or improvement of property. 

Sixth, The assessed valuation of all its tangible property, such 
schedule shall be made in conformity to such instruction and forms 
as may be prescribed by the Auditor of Public Accounts. In all cases 
of failure or refusal of any person, officer company or association to 
make such return or statement, it shall be the duty of the assessor to 
make such return or statement from the best information which he 
can obtain. 

Approved May 13th, 1879. 



SCHEDULE -FORFEITED PROPERTY. 

§ 28. Schedule. 8 224. Effect of deed as evidence. 

§ 129. Forfeited property— back taxes. § 227. Redemption or purchase of forfeited 

8 177. Delinquent defined. property. 

An Act to amend sections, 24, 129, 177, as amended; 224 and 227, of 
an act entitled "An act for the assessment of property and for tlie 
levy and collection of taxes,'''' approved March 30, 1872. Approved, 
May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That sections twenty-four, (24) one 
hundred and twenty-nine, (129), one hundred and seveuty-seven (177), 
as amended; two hundred and twenty-four (224), and two hundred 
and twenty-seven (227) of an act entitled "An act for the assessment 
of property and for the levy and collection of taxes," approved March 
30, 1872, be amended so as to read as follows: 

§ 24. [Schedule.] Persons required to list personal property shall 
make out, under oath, and deliver to the assessor, at the time re- 
quired, a schedule of the numbers, amounts, quantity, and quality of 
all personal property in their possession or under their control, required 
to be listed for taxation by them. It shall be the duty of the assessor 
to determine and fix the fair cash value of all items of personal prop- 
erty, including all grain on hand on the first day of May and in as- 



REVENUE. 258 



sessing notes, accounts, bonds and moneys, the assessor shall be gov- 
erned by the same rules of uniformity that he adopts as to value in 
assessing other personal property, and the assessor is hereby authorized 
to administer the oath required in this section and if any person shall 
refuse r to make such schedule under oath, then the assessor shall list • 
the property of such person according to his best judgment and in- 
formation and shall add to the valuation of such list an amount equal 
to fifty per cent of such valuation and if any person making such 
schedule shall swear falsely he shall be guilty of perjury and punished 
accordingly. Any person so required to list personal property who 
shall refuse, neglect or fail when requested by the proper assessor, so 
to do, shall be deemed guilty of a misdemeanor and on conviction 
thereof shall be fined in any sum not exceeding two hundred dollars 
and the several assessors shall report any such refusal to the county 
attorney whose duty it is hereby made to prosecute the same. 

§ 129. [Forfeited property — back taxes.] In all cases where 
any real property has heretofore been or may hereafter be forfeited 
to the State for taxes, it shall be the duty of the clerk, when he is 
making up the amount of tax due on such real property for the cur- 
rent year to add the amount of back tax, interest, penalty and prin- 
ters fees remaining due on such real property, with one years interest at 
ten per cent, on all taxes heretofore forfeited, and twenty-five per 
cent, on all taxes hereafter levied and forfeited on the amount of tax 
due, to the tax of the current year, and the aggregate amount so added 
together shall be collected in like manner as the tax on other 
real property for that year may be collected. Provided, that the 
county clerk shall first carefully examine said list, and strike out 
therefrom all errors and otherwise make such corrections as may be 
necessary with respect to such property or tax. (See section 229.) 

§ 177. [Delinquent defined.] All real estate upon which taxes 
remain due and unpaid on the tenth day of March, annually or at the 
time the town or district collector makes return of his books to the 
county collector, shall be deemed delinquent; and all such due and 
unpaid taxes shall bear interest after the first day of May at the rate 
of one per cent, per month until paid or forfeited; parts or fractions 
of a month shall be reckoned as a month. And all such collections on 
account of interest shall be paid into the county treasury to be used 
for county purposes. 

§ 224. [Effect of deed as evidence.] Deeds executed by the 
county clerk, as aforesaid, shall be prima facie evidence, in all con- 
troversies .and suits in relation to the right of the purchaser, his heirs 
or assigns, to the real estate thereby conveyed of the following facts: 
First, That the real estate conveyed was subject to taxation at the 
time the same was assessed, and had been listed and assessed in the 
time and manner required by law. /Second, That the taxes or special 
assessments were not paid at any time before the sale. Third, That 
the real estate conveyed had not been redeemed from the sale at the 
date of the deed. Fourth, That the real estate was advertised for 
sale in the manner and for the length of time required by law. 
Fifth, That the real estate was sold for taxes or special assessments, 
as stated in the deed. Sixth, That the grantee in the deed was the 



254 RE VENUE. 



purchaser or assignee of the purchaser. Seventh, That the sale was 
conducted in the manner required by law. And any judgment for 
the sale of real estate for delinquent taxes rendered after the passage 
of this act except as otherwise provided in this section, shall estop all 
parties from raising any objections thereto or to a tax title based 
thereon, which existed at or before the rendition of such judgment, 
and could have been presented as a defense to the application for 
such judgment in the court wherein the same was rendered, and as to 
all such questions the judgment itself shall be conclusive evidence, of 
its regularity and validity in all collateral proceedings, except in cases 
where the tax or special assessments have been paid or the real estate 
was not liable to the tax or assessment. 

§ 227. [Redemption or purchase op forfeited property.] If 
any person shall desire to redeem or purchase any tract of land or 
lot forfeited to the State, he shall apply to the county clerk, who 
shall issue his order to the county collector, directing him to receive 
from said person the amount due on said tract or lot, which shall in 
no case be less that ten per cent, on all taxes heretofore forfeited, 
and twenty-five per cent, on all taxes hereafter levied and forfeited, 
in addition to the tax, special assessments, interest and printers fees 
due thereon, particularly describing the property and setting forth the 
amount due; and upon presentation of said order to the county collector, 
he shall receive said amount and give the person duplicate receipts 
therefor, setting forth a description of the property and the amount 
received — one of which shall be countersigned by the county clerk, and 
when so countersigned, shall be evidence of the redemption or sale 
of the property therein described, as the case may, be, but no such 
receipt shall be valid until it is countersigned by the county clerk. The 
other receipt shall be filed by the county clerk in his office, and said 
clerk shall make a proper entry of the redemption or sale of the 
property on the books in his office, and charge the amount of the re- 
demption or sale money to the county collector. In cases of sales, 
the collector and clerk shall make the receipt in the form of a cer- 
tificate of purchase. Property purchased under this section shall be 
subject to redemption, notice etc., the same as if sold at regular pub- 
lic tax sale. (See section 225). 

Approved May 31st, 1879. 



state tax. 



§ 1. Tax for State purposes— revenue fund. I 8 3. Rates computed. 
§ 2. State school fund. 

An Act to provide the necessary revenue for State purposes. Approved 
May 31, 1S79. In force July 1, 1879. 

Section 1. [Tax for state purposes — revenue fund.] Be it en- 
acted by the People of the State of Illinois, rep>resented in the General 
Assembly, That there shall be raised, by levying a tax, by valuation 
upon the assessed taxable property for the years A. D. 1879, and 1880, 
in this State, for general State purposes, to be designated "revenue 
fund" the following sums, to-wit: The sum of one million one hun- 
dred thousand dollars for the year 1879, upon the assessed taxable 
property for the year 1879; and the sum of one million five hundred 



REVENUE. §65 



thousand dollars for the year 1880, upon the assessed taxable property 
for the year 1880. There shall also be placed to the credit of such 
revenue fund, for general State purposes for the year 1879, the sum 
of nine hundred thousand dollars of the unappropriated money now to 
the credit of such fund in the State treasury. 

§ 2. [State school fund.] That there shall also be raised, by levying 
a tax, by valuation upon the assessed taxable property for the years 
A. D. 1879 and 1880, in this state, for State school purposes, to be 
designated "State school fund," the following sums, to-wit: The sum 
of seven hundred thousand dollars for the year 1879, upon the assess- 
ed taxable property, for the year 1879, and the sum of one million 
dollars for the year 1880, upon the assessed taxable property for the 
year 1880. There shall also be placed to credit of such State 
school fund for the year 1879, the sum of three hundred thousand 
dollars of the balance remaining in said fund in the State treasury, 
and apportioned among the several counties according to law. 

§ 3. [Rates computed.] The Governor and Auditor shall, annu- 
ally compute the separate rates per cent, required to produce not less 
than the above amounts, anything in any other act providing a dif- 
ferent manner of ascei'taining the amount of revenue required to be 
levied for State purposes to the contrary notwithstanding; and when 
so ascertained the Auditor shall certify to the county clerks the pro- 
per rates per cent, therefor, and also such different rates for other 
purposes as are now or may hereafter be provided by law, to be levied 
and collected as State taxes, and all laws and parts of laws in con- 
flict with this act are hereby repealed. 

Approved May 31st, 1879. 



SURVEY BY CLERK. 
§ 63. Owner neglecting— county clerk to cause plat, etc. 

An Act to amend section sixty-three (63) of an act entitled "An Act 
for the, assessment of property, and for the levy and collection of 
taxes," cqiproved March 30, 1872, in force July 1, 1872. Approved 
May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly, That section sixty-three (63) of an 
act entitled An Act for the assessment of property, and for the levy 
and collection of taxes,' 1 be amended so as to read as follows: 

§ 63. [Owner neglecting — county clerk to cause plat, etc.] 
If the owner of any such tract or lot shall refuse or neglect to cause 
such survey to be made within thirty (30) days after having been no- 
tified by the county clerk, by publication of a notice in a newspaper 
in the county, having general circulation, at least three times, said 
clerk shall cause such survey to be made and recorded; and the ex- 
penses of the publication of such notice and of making such survey 
shall be added to the tax levied on such real property, and when col- 
lected, shall be paid, on demand to the persons to whom it is due. 
Approved May 31st, 187 9. 



256 BEVENtTE. 



TAX-DEED NOTICE. 
§ 216. Notice. 

An Act to amend section tioo hundred and sixteen of an act entitled 
u An act for the assessment of property, and for the levy and 
collection of taxes,'''' approved March 60, 1872, in force July l, 1872. 
Approved' May 31, 1879. In force July 1, 187'.).' 

Section 1. Be it enacted by the Peop>le oj the State of Illinois, 
represented in the General Assembly, That section two hundred and 
sixteen of "An act for the assessment of property, and for the levy 
and collection of taxes," (approved March 30, 1872) be amended to 
read as follows: 

§ 216. [Notice.] Hereafter no purchaser or assignee of such 
purchaser, of any land, town or city lot, at any sale of lands, or lots, 
for taxes or special assessments, due either to the State or county, or 
incorporated town or city within the same, or at any sale for taxes 
or levies otherwise, by the laws of this State, shall be entitled to a 
deed for lands or lots so purchased, until the following conditions 
have been complied with, to-wit: Such purchaser or assignee shall 
serve, or cause to be served, a written or printed, or partly written 
or partly printed notice of such purchase, on every person in actual 
possession or occupancy of such land or lot; also, the person in 
whose name the same was taxed or specially assessed, if upon 
diligent inquiry, he or she can be found in the county, also, the 
owners of or parties interested in said land or lot, if they can, upon 
diligent inquiry, be found in the county, at least three months before 
the expiration of the time of redemption on such sale; in which 
notice he shall state when he purchased the land or lot, in whose 
name taxed, the description of the land or lot he has purchased; for 
what year taxed or specially assessed; and when the time of redemp- 
tion will expire. If no person is in possession or occupancy of such 
land or lot and the person, in whose name the same was taxed or 
specially assessed, upon diligent inquiry, cannot be found in the 
county, or the owners of, or parties interested in said land or lot, up- 
on diligent inquiry, cannot be found in the county, then such person, 
or his assignee, shall publish such notice in some newspaper printed 
in such county, and if no newspaper is printed in said county, then 
in the newspaper that is published in this State nearest to the county 
seat of the county in which such land or lot is situated, which notice 
shall be inserted three times, the first time not more than five months, 
and the last time not less than three months, before the time of re- 
demption shall expire: Provided, however, that if the owners of said 
land or lot, or the parties interested therein, cannot be found in 
the county, and the person in the actual occupancy is tenant to, 
or is in possession under the owner or party interested therein, then 
service of said notice upon such tenant or occupant, shall be deemed 
service upon the owner or party interested: and Provided, further, that 
if the owners or parties interested are unknown to such purchaser or 
his assignee, then the said publication, as to them, may be to the 
unknown owner or parties interested. 
Approved May 31st, 1879. 



EOAl)S AND BRIDGES. 



'257 



ROADS AND BRIDGES. 



IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 



§ 1. Certain roads declared public high- 
ways. 

§ 2. Turn to the right. 

8 3. Drunken driver. 

8 4. Drunken driver— discharge of. 

8 5. Running horses on public road. 

§ 6. Teams to be hitched. 

8 7. Owner liable for damages— driver of 
stage, etc., guilty of misdemeanor. 

§ 8. Carriage defined. 

§ 9. Restriction— jurisdiction. 

§ 10. Duties of commissioners of high- 
ways. 

§ 11. Commissioners to choose treasurer— 
his duties— bond. 

§ 12. Annual accounting of commissioners. 

§ 13. Meeting of commissioners— record to 
be kept. 

8 14. Assessment of road labor and tax. 

S 15. Road labor— who liable— time. 

8 16. Tax of town or village, etc. 

8 17. Road labor and tax list. 

8 18. Copies to be given to overseers. 

§ 19. Overseers to add names to list. 

8 20. Credits for labor on private roads 

8 21. Notice of tax, and that same may 

8 be worked out. 

8 22. Penalty for neglect of duty. 

8 23. Overseers of highways— how chosen 
— term of office. 

8 24. Duties of overseers. 

8 25. Refusal to serve, etc., — vacancy— 

8 36. Notice of appointment to fill vacancy. 

§ 27. Penalty against overseers. 

8 28. Notice to perform road labor 

8 29. Days to be worked— commutation. 

§ 30. Payment of commutation. 

8 31. Teams may be required. 

8 32. Substitute. 

8 33. Idlers, etc.- penalty. 

8 34. Penalty for neglect, etc., to appear. 

8 35. Complaint of overseer. 

§ 36. Summons. 

8 37. Trial— execution— no exemption. 

8 38. Collection of execution. 

8 39. Application of fine. 

8 40. Excuse not to exempt from labor. 

8 41. Notice of road tax— tax to be re- 
ceived in labor or money. 

8 42. Receipt. 

8 43. Delinquent road tax — return. 

8 44. Penalty for neglect to return. 

5 45. When road labor to be worked out. 

8 46. Overseer' s annual return. 

8 47. Account— moneys paid to successors. 

8 48. Penalty for neglect. 

8 49. Supervisors to lay delinquent list 
before county board. 

8 50. Levy of delinquent tax. 

8 51. Compensation of overseers. 

8 52. When road tax may be collected in 
money only. 

8 53. Plat of road districts. 

8 54. County clerk to designate district on 
tax book. 

8 55. Abstract of tax due districts. 

8 56. Tax to be paid to districts. 



§ 66. Notice against fast driving on bridge . 

8 67. Penalty for fast driving on bridire. 

§ 68. Ditches, etc. 

8 69. Altering, widening, vacating and 
laying out roads. 

§ 70. Petition. 

8 71. Time of meeting to be fixed— notice. 

8 72. Adjournment— decision— proceedings 
thereon. 

8 73. In case of vacation of road. 

§ 74. When for laying out, altering or 
widening road. 

8 75. Damages may be first ascertained. 

8 76. Damages may be agreed upon, etc. 

8 77. Summoning jury to assess damages. 

8 78 Notice to owners. 

8 79 Manner of selecting jurv. 

8 80. Challenge of jurors. 

8 81. Notice to unknown owners. 

8 82. Service of notice. 

8 83. Oath of jury— trial. 

8 84. Trial— verdict— judgment. 

8 85. Separate assessments— continuances, 
etc. 

8 86. Final decision by commissioners — 
notice. 

§ 87. Commissioners may revoke proceed- 
ings. 

8 88. Order to alter, widen or lay out road 
—plat— filing papers— recording. 

8 89. When damages released or agreed 
upon. 

8 90. Inducement may be offered. 

8 91. Town clerk's record, etc., evidence 
— ettect of same 

8 92. Private roads. 

8 93. Limitation of time to open. 

§ 94. Crops— fences. 

8 95. Payment for work on private roads. 

8 96. Roads on town and county lines. 

8 97. Allotment of repair, etc., division 
of expenses 

8 98. Appeal. 

8 99. Trial of appeal— power of supervi- 
sors appealed to. 

I 100. Report of decision— compensation — 
decision final. 

§ 101. Costs of appeal— bond. 

8 102. Majority may decide. 

§ 103. Appeal when road is on town or 
comity line 

8 104. Town and county line road— how al- 
lotted—what deemed such. 

8 105. State line roads. 

8 106. Town and county line bridges. 

8 107. Contracts in reference to such 
bridges. 

8 108. Enforcement of contracts. 

8 109. Effect of judgment on such contract. 

8 110. County aid to build bridge. 

§ 111. Vote to borrow money to build 
bridge. 

§ 112. Re-survey and plat of roads. 

8 113. New road not to vac.Ue old road, 
unless, etc. 

8 114. Contracts for bridges. 

8 115. Orders received for tax. 



258 



ROADS AND BRIDGES. 



§ 57. Destroying, etc., guide boards, etc. 

S 58. Injuring or obstructing road. 

§ 59. Injuring or destroying sidewalk, 

bridge, etc. 
S 60. Suits. 

S 61. Application of fines. 
S 62. Sidewalks — trees— fencing hedge. 
8 63. Farm crossing under road. 
§ 64. When owner may connect fence, 

bridge, etc. 
§ 65. Width of road. 



§ 116. Removal of fences. 

§ 117. Compensation of commissioners. 

§ 118. Road to be opened in five years. 

§ 119. Tax to be collected in money. 

§ 120. How tax extended and collected. 

§ 121. Certificate of tax levied. 

§ 122. Tax paid to treasurer of commis- 
sioners. 

§ 123. List of tax-payers to be furnished 
clerk. 

§ 124. Repeal. 



IN COUNTIES UNDER TOWNSHIP ORGANIZATION. 

An Act in regard to roads and bridges in counties under township organi- 
zation. Approved May 28, 1879. In force Jidy 1, 1879. 

§ 1. [Certain roads declared public highways.] Be it enacted 
by the People of the State of Illinois, represented in the General As- 
sembly, That all roads within this State, which have been laid out in 
pursuance of any law of this State, or of the late territory of Illinois, 
or which Lave been established by dedication or uses for twenty years, 
and which have not been vacated in pursuance of law, are hereby de- 
clared to be public highways. 

§ 2. [Turn to the right.] Whenever any person, traveling with 
any carriages, shall meet on any turnpike, road or public highway in 
this State, the person, so meeting shall seasonably turn their carriages to 
the right of the centre of the road, so as to permit each carriage to pass 
without interfering or interrupting, under the penalty of five dollars for 
every neglect or offence, to be recovered by the party injured: Provided, 
this section shall not be construed to apply to any case, unless some 
injury to persons or property shall occur by the driver of the carriage 
or wagon refusing to turn to the right of the beaten track, nor shall 
it be construed to extend to a case where it is impracticable, from the 
nature of the ground, for the driver of the carriage or wagon to turn 
to the right of the beaten track. 

§ 3. [Drunken driver.] No person owning any carriage, running 
or traveling upon any road in this State, for the conveyance of pas- 
sengers, shall employ, or continue in employment, any person to drive 
such carriage who is addicted to drunkenness, or the excessive use of 
spirituous liquors, and if any such owner shall violate the provisions of 
this section, after he shall have had notice and reasonable proof that 
such driver is addicted to drunkenness, he shall forfeit at the rate of 
five dollars per day for all the time during which he shall thereafter 
have kept any such driver in his employment. 

§ 4. [Drunken driver — discharge of.] If any driver, whilst 
actually employed in driving any such carriage, shall be guilty of 
intoxication to such a degree as to endanger the safety of the passen- 
gers in the carriage, it shall be the duty of the owner of such car- 
riage, on receiving written notice of the fact, signed by any one of 
said passengers, and certified by him on oath, forthwith to dis- 
charge such driver from his employment; and every such owner who 
shall retain or have in his employ, within one month after the receipt 
of such notice, any driver who shall have been so intoxicated, shall 
forfeit at the rate of five dollars per day for the time during which 
he shall keep any such driver in his employment after receiving such 
notice. 



ROADS AND BRIDGES. i!59 



§ 5. [Running horses on public road.] No person driving any 
carriage upon any turnpike road or public highway within this State, 
with or without passengers therein, shall run his horses or carriage, 
(or permit the same to run) upon any occasion, or for any purpose 
whatever; and every person who shall offend against the provisions 
of this section, shall be deemed guilty of a misdemeanor, and on con- 
viction thereof, shall be fined not exceeding ten dollars, or imprisoned 
not exceeding sixty days, at the discretion of the court. 

§ 6. [Teams to be hitched.] It shall not be lawful for the driver 
of any carriage used for the purpose of conveying passengers for hire, 
to leave the horses attached thereto while passengers remain therein, 
without first making such horses fast with a sufficient halter, rope or 
chain, or by placing the lines in the hands of some other competent 
person, so as to prevent their running; and if any such driver shall 
offend against the provisions of this section, he shall forfeit the sum 
of twenty dollars, to be recovered by action, to be commenced within 
six months; and unless the amount of such recovery be paid forth- 
with, execution shall be immediately issued therefor. 

§ 7. [Owner liable for damages — driver of stage, etc., guilty 
of misdemeanor.] The owners of every carriage running upon any 
turnpike road or public highway, for the conveyance of passengers, 
shall be liable, jointly and severally, to the party injured, in all cases, 
for all injuries and damages done by any person in the employment 
of such owners as a driver, while driving such carriage, to any person, 
or to the property of any person; and that, whenever the act occasion- 
ing such injury or damage be willful, negligent or otherwise, in the 
same manner that such driver would be liable. Any driver of any 
mail stage coach, or any other vehicle for the conveyance of passen- 
gers, willfully offending against the provisions of this act, shall be 
deemed guilty of a misdemeanor, and, on conviction thereof, shall be 
imprisoned not exceeding four months, or fined not exceeding three 
hundred dollars. 

§ 8. [Carriage defined.) The term "carriage" as used in this 
act, shall be construed to include stage coaches, wagons, carts, sleighs, 
sleds, and every other carriage or vehicle used for the transportation 
of passengers and goods, or either of them. 

§ 9. [Restriction — jurisdiction.] Nothing contained in this act 
shall interfere with or affect any law concerning hackney coaches or 
carriages in any of the cities, towns or villages of this State, nor 
interfere with nor affect the laws or ordinances of any such city, town 
or village, for the licensing or regulating such coaches or carriages. 
Justices of the peace shall have jurisdiction in all cases arising under 
this act, where the penalty does not exceed their jurisdiction. 

§ 10. [Duties of commissioners of highways.] The commissioners 
of highways in the several towns of this State shall have the care and 
superintendence of highways and bridges therein, and it shall be their 
duty: 



260 ROADS AND BRIDGES. 



First. — To give directions for the repairing of roads and bridges in 
their respective towns, and to cause the building of bridges when the 
public interests or necessity require it. 

Second. — To lay out and establish roads, to regulate the roads al- 
ready laid out, and to alter or vacate such roads, as they, or a majority 
of them shall deem proper as hereinafter provided. 

Third. — To cause such roads used as highways as have been laid 
out, or dedicated to public use, but not sufficiently described, and such 
as have been used for twenty years, but not recorded, to be ascertained, 
described and entered of record in the town clerk's office. 

Fourth.- — To cause the highways and bridges which are or may be 
erected over streams intersecting highways, to be kept in repair. 

Fifth. — To divide their respective towns into so many road districts 
as they shall deem convenient, by writing, under their hands, to be 
lodged with the town clerk, and by him to be entered in the town book; 
such division to be made annually, if they shall think it necessary; 
and in all cases to be made at least ten days before the annual town 
meeting. 

Sixth. — To assign to each of the said road districts such of the in- 
habitants liable to work on highways as they shall think proper, hav- 
ing regard to proximity of residence as much as may be. 

Seventh. — To require the overseers of highways, from time to time 
and as often as they shall deem necessary, to warn all persons to 
work on highways to come and work thereon, with such implements, 
carriages, plows and teams as they may have; and the said commis- 
sioners, or any of them, shall direct and see that persons working or 
repairing the highways leave undisturbed all stones or other monu- 
ments marking sectional and other corners, which may be in the pub- 
lic roads worked or repaired by them. 

Eighth. — To take possession of and keep all scrapers, plows and 
other tools belonging to their town, wherever the same may be found, 
and not allow the same to go to waste, and not lend the same, ex- 
cept to persons employed by them to work ©n the roads by contract 
or otherwise. 

Ninth. — To purchase for use upon highways such necessary tools, im- 
plements and machinery as may be necessary: Provided, however, that 
whenever either one of such tools, implements or machinery, shall 
cost more than two hundred dollars, that the purchase thereof shall 
be first submitted to a vote of the legal voters of such township, up- 
on ten days previous notice by the town clerk in his annual town 
meeting notice, stating the tools, implements, or machinery proposed 
to be purchased, together with the price thereof; and said vote shall 
be by ballot, and shall read "for purchase" or "against purchase" and 
if a majority of all the votes so cast at said election shall be in favor 
of such purchase, then such purchase may be made. 



ROADS AND BRIDGES. 261 



Tenth. — To cause to be erected and kept in repair, at the forks of 
crossing place of the most important public roads, a post and guide- 
boards, with plain inscriptions thereon in letters and figures, giving 
directions and distances to the most noted places to which such road 
may lead; to prevent thistles, burdock, cockle-burs, mustard, yellow- 
dock, Indian mallow, and jimson weed from seeding, and to extirpate 
the same so far as practicable, and to prevent all rank growth of veg- 
etation in the public highway, so far as the same may obstruct pub- 
lic travel; and the said highway commissioners may, in their discre- 
tion, sink aud construct wells, with a suitable pump or other suitable 
fixture, and a water-trough attached thereto, and keep the same in re- 
pair, for public use for watering teams, at the intersection of the most 
important roads in their tovvms or road districts; and they may also 
adopt any other suitable and convenient mode of supplying water in 
troughs, conveniently situated on the public highways, for public use, 
at other points than at such intersections; and the cost of such im- 
provements shall be paid out of the road and bridge funds of such 
town. 

§ 11. [Commissioners to choose treasurer — his duties — bond.] 
At the first meeting of the commissioners of highways, after the an- 
nual town meeting, they shall proceed to choose one of their number 
as treasurer. The treasurer so chosen shall receive and have charge of 
all moneys raised in the town for the support and maintenance of 
roads and bridges, excepting such portions of the moneys as are here- 
inafter directed to be paid to the authorities of incorporated villages, 
towns and cities. He shall hold such moneys, at all times subject to 
the order of the commissioners of highways, and shall pay them over 
upon their order, or a majority of said commissioners, and not other- 
wise. He shall execute bond, with good and sufficient security, in 
such manner as the supervisor and town clerk shall determine, con- 
ditioned for the faithful discharge of his duties as such treasurer, and 
that he will honestly and faithfully account for and pay over, upon 
the order of the commissioners of highways, all moneys that shall 
come to his hands by virtue of his said office; which bond shall be 
payable to the supervisor of the town and his successor in office, and 
be approved by the supervisor and town clerk, and filed in the town 
clerks office, but such treasurer shall not receive any additional com- 
pensation for such services, and he shall keep an account in a book 
provided by the commissioners, of all moneys received and all moneys 
paid out, showing in detail to whom and on what account the same 
is so paid. 

§ 12. [Annual accounting of commissioners.] The commission- 
ers of highways, of each town shall render to the board of town au- 
ditors, at their annual meeting, for auditing the accounts of town offi- 
cers, an account in writing, stating: 

First. — The labor assessed and performed in such towns. 

Second. — The sums received by such commissioners, for fines and 
commutations and all other moneys received under this act. 

Third. — A statement of the improvements necessary to be made on 
such roads and bridges, and an estimate of the probable expense of 



262 ROADS AND BRIDGES. 



making such improvement, beyond what the labor to be assessed in 
that year and the road tax will accomplish. 

Fourth. — Also, a statement in writing, of all expenses and damages 
in consequence of laying out, altering or discontinuing roads. 

Fifth. — Also a statement of the amount received from the collector 
of the town, or from any other source, up to the time of such state- 
ment, and the manner in which the same, if any sum, has been paid 
out and expended, to whom and on what account. 

§ 13. [Meetings of commissioners — record to be kept.] The 
commissioners of highways of each town shall meet, on the second 
Tuesday after the annual town meeting in each year, at the town 
clerk's office, and afterwards at such other times and places as they 
shall think proper. Said commissioners shall keep a correct record of 
their proceedings at all meetings. 

§ 14. [Assessment of road labor and tax.] The town clerk 
shall deliver the lists filed by the overseers, to the commissioners of 
highways of the town, who shall proceed to ascertain, estimate and 
assess the highway labor and road tax to be performed and paid in 
their town the next ensuing year. 

§ 15. [Road labor — who liable — time.] Every able-bodied male 
inhabitant, being above the age of twenty-one years and under the 
age of fifty (excepting paupers, idiots, lunatics, and such others as are 
exempt by law,) shall be required to labor on the highways in their 
respective road districts, not less than one nor more than three days 
in each and every year. 

§ 16. [Tax of town or village, etc.] The commissioners of 
highways of each town, shall annually ascertain, as near as practicable, 
how much money must be raised by tax on real and personal property, 
for the making and repairing of roads only, to any amount they may 
deem necessary, not exceeding forty cents on each one hundred dollars 
worth, as valued on the assessment roll of the previous year: Pro- 
vided, that the tax on the property levied for road purposes only, ly- 
ing within an incorporated village, town or city, in which the streets 
and alleys are under the care of the corporation, shall be paid over to 
the treasurer of such village, town or city, to be appropriated to the 
improvement of roads, streets and bridges, either within or without 
said village, town or city, and within the township, under the direction 
of the corporate authorities of such village, town or city: Provided, 
further, that when any of said tax is expended beyond the limits of 
said village, town or city, it shall be with the consent of the road 
commissioners of the town. And, provided, further, that the authori- 
ties of such incorporated town, ciiy or village may at any time direct 
the collector not to collect the tax so levied within the limits of such 
incorporated town, city or village. 

§ 17. [Road labor and tax list.] The commissioners of high- 
ways shall affix to the name of each person named in the lists fur- 
nished by the overseers, the number of days assessed to each person 



ROADS AND BRIDGES. 203 



for highway labor, and they shall make a list for each district, con- 
taining a description of each tract of land in the district and the 
name of the owner, if known and also the names in alphabetical order 
of the personal property tax payer, and shall set opposite each tract 
of land the valuation thereof, as taken from the assessment roll of the 
previous year, and opposite each tax payers name the amount of his 
personal assessment, as taken from said roll, and opposite each valua- 
tion and assessment they shall extend the road tax assessed thereon 
in a separate column. The lists so prepared shall be subscribed by 
the commissioners, and deposited with the town clerk, to be filed in 
his office. 

§ 18. [Copies to be given to overseers.] The commissioners 
shall direct the clerk of the town to make a copy of each list, and 
shall subscribe such copies, after which they shall cause the several 
copies to be delivered to the respective overseers of highways of the 
several districts in which the highway labor is assessed. One 
copy for each overseer shall contain the name and number of days 
assessed to each person, the other the real and personal property road 
tax. 

§ 19. [Overseers to add names to list.] It shall be the duty 
of the overseers to add the names of persons left out of any such 
list, and of new inhabitants, and to rate the persons so added in the 
same proportion to work on the highways as others rated by the com- 
missioners on such list, subject to an appeal to the commissioners. 

§ 20. [Credits for labor on private roads. J It shall be the 
duty of commissioners of highways of each town to credit such persons 
as live on private roads, and work the same so much on account of 
their assessment, as such commissioners shall deem necessary to work 
such private road, or to annex such private road to some of the high- 
way districts. 

§ 21. [Notice of tax, and that same may be worked out. 
The town clerk shall, within ten days after the commissioners of 
highway have filed in his office the amount of road tax assessed on 
the real and personal estate of the towns, post a notice on the outer 
door of the house where the town meeting was last held, and two 
other pubic places in said town, stating the amount of road tax as- 
sessed on each one hundred dollars worth of the real and personal 
estate of the town, and that all persons interested can pay the same 
in labor on the highways, under the direction of the overseer of high- 
ways, in the district where the land or personal property is situated. 

§ 22. [Penalty for neglect of ditty.] If the commissioners of 
highways shall refuse or neglect to perform any of the duties enjoined on 
them by this act, they shall severally forfeit not less than ten dollars nor 
more than fifty dollars, and may be proceeded against, severally or 
jointly, for the recovery of such forfeiture before any justice of the 
peace in the proper county having jurisdiction. 

§ ±3. Overseers of highways — how chosen — term of office.] 
There shall be chosen at the annual town meeting in each town, as 



264 ROADS AND BRIDGES. 



many overseers of highways as there are road districts in the town; 
and each overseer of highways, so chosen, shall be a resident of the 
road district for which he is elected, and shall hold his office for 
one year. 

§ 24. [Duties of overseers.] It shall be the duty of overseers 
of highways in each town: 

First. — To repair and keep in order the highways within their 
several districts for which they shall have been elected. 

Second. — To warn all persons, from whom road labor is due, to 
work on the highways at such times and places, within their several 
districts, as they may think proper. The overseers of highways may 
contract with persons owing poll tax for road purposes, to perform 
a certain amount of labor on any road or bridge in their town or road 
district for the amount of such tax; and if the work is done within 
the time that the money should have been paid, the overseer shall give 
such person a receipt for such labor done or performed. 

Third. — To collect all fines and commutation money, and to execute 
all lawful orders of the commissioners of highways. 

Fourth. — To deliver to the clerk of the town, within ten days after 
their election or appointment, a list, subscribed by such overseers, of 
the names of all the inhabitants in his road district who are liable 
to work on highways. 

§ 25. [Refusal to serve, etc. — vacancy — how filled.] If any 
person chosen or appointed to the office of overseer of highways, 
shall refuse to serve or if his office shall become vacant, the com- 
missioners of the highways of the town shall, by warrant, under their 
hands appoint some other person in his stead; and the overseer so 
appointed shall have the same powers, be subject to the same orders 
and liable to the same penalties as overseers chosen at the town 
meeting. 

§ 26. [Notice of appointment to fill vacancy.] The com- 
missioners making appointment, shall cause such warrant to be forth- 
with filed in the office of the town clerk, who shall give notice to 
the person appointed as in other cases. 

§ 27. [Penalty against overseers.] Every overseer of highways 
who shall refuse or neglect to perform any of the duties hereinbefore 
enumerated, or which may be lawfully enjoined on him by the com- 
missioners of highways of his town, shall for every such refusal or 
neglect, forfeit the sum of ten dollars, to be sued for by the com- 
missioners of highways of the town, and when recovered to be 
applied by them in making and improving the roads and bridges 
therein. 

§ 28. [Notice to perform road labor.] It shall be the duty of 
overseers of highways to give at least three days notice, either 
verbally or by leaving a written notice at their place of residence, 
to all persons assessed to work on highways, and residing within the 
limits of their respective districts, of the tim^ and place when and 



ROADS AND BRIDGES. 265 



where they are to appear for that purpose, and with what implements; 
but no person, being a resident of the town, shall be required to 
work on any highway other than in the district in which he resides, 
except he resides in a district on a town line, which district belongs 
to an opposite town, and unless he shall elect to work in same 
district where he has land; and in said case he may, with the 
approbation of the commissioners of highways, apply the work 
assessed in respect to such land in the district in which the same is 
situated: Provided, if the overseers of highways fail to perform their 
duty, the commissioners of highways shall have power to perform 
such duties, or cause the same to be performed, under such rules as 
they may prescribe. 

§ 29. [Days to be worked — commutation.] Every person liable 
to work on the highways shall work the whole number of days for 
which he shall have been assessed; but every such person, other than 
an overseer of highways, may elect to commute for the same, or for 
any part thereof at the rate of one dollar per day; in which case such 
commutation money shall be paid to the overseer of highways of the dis- 
trict in which the person commuting shall reside, to be applied and 
expended by such overseer in the improvement of the ' roads and 
bridges in the same district. 

§ 30. [Payment of commutation.] Any person intending to com- 
mute for his assessment, or any part thereof, shall, within three days 
after he shall be notified to appear and work on the highways, pay 
the commutation money for the work required of him by such notice; 
and the commutation shall not be considered as complete until such 
money be paid. 

§ 31. [Teams may be required.] Every overseer of highways 
shall have power to require a team or a cart, wagon or plow, with a 
pair of horses or oxen, and a man to manage them, for any person 
having the same within his district, who shall have been assessed two 
days or more, and who shall not have commuted for his assessment; 
and the person furnishing the same, upon such requisition, shall be en- 
titled to a credit of two days for each days service therewith. 

§ 32. [Substitute.] Every person assessed to work on the high- 
ways, and named to work, may appear in person, or by an able-bodied 
man as a substitute, and the person or substitute shall actually work 
eight hours in each day, under a penalty of twenty-five cents for every 
hour such person or substitute shall be in default, to be imposed as a 
fine on the person assessed. 

§ 33. [Idlers, etc. — penalty.] If any person, after appearing, re- 
main idle, or not work faithfully, or hinder others from working, such 
offender shall, for every offense forfeit to the town the sum of two 
dollars. 

§ 34. [Penalty for neglect, etc., to appear.] Every person so 
assessed and duly notified, who shall not commute, and who shall re- 
fuse or neglect to appear, as above provided, shall forfeit to the town, 
for every days refusal or neglect, the sum of two dollars ($2.00). If 



266 ROA.DS AND BRIDGES. 



he was required to furnish a team, carriage, man or implement, and 
shall refuse or neglect to comply, he shall be fined as follows: 

First. — For wholly failing to comply with such requisition, four 
dollars ($4.00) for each day. 

Second. — For omitting to furnish a pair of horses or oxen, one dol- 
lar and fifty cents ($1.50) for each day. 

Third. — For omitting to furnish a man to manage the team, two 
dollars ($2.00) for each day. 

Fourth. — For omitting to furnish a wagon, cart or plow, seventy-five 
cents (75-100) for each day. 

§ 35. [Complaint of overseer.] It shall be the duty of every 
overseer of highways, within six days after any person assessed and 
notified shall be guilty of any refusal or neglect, for which a penalty 
or fine is prescribed in this act, unless a satisfactory excuse shall be 
rendered to him for such refusal or neglect, to make complaint, on 
oath, to any justice of the peace of the county: "Provided, if the 
overseers of highways fail to perform their duty, as prescribed in this 
section, the commissioners of highways shall have power to perform 
such duties." 

§ 36. [Summons.] The justice to whom such complaint shall be 
made shall forthwith issue a summons, directed to any constable of 
the county, requiring him to summon such delinquent to appear 
within five days before such justice, according to law, for such refusal 
or neglect. 

§ 37. [Trial — execution — no exemption.] On the day of trial 
the justice shall proceed to hear and determine the case according to 
law, for the offense complained of, aud shall forthwith issue an ex- 
ecution under his hand and seal, directed to any constable of the 
county where such delinquent shall i*eside, commanding him to levy 
such fine, with the costs of the proceeding, of the goods and chattels 
of such delinquent. No personal property shall be exempt from levy 
of attachment or execution when the judgment is for commutation of 
road or street labor; Provided, the court rendering the judgment shall 
find that the same is for road or street labor, which finding shall be 
expressed on the record of said judgment and indorsed upon the ex- 
ecution when issued. 

§ 38. [Collection of execution.] The constable to whom such 
execution shall be delivered, shall forthwith collect the moneys therein 
mentioned. He shall pay the fine, when collected, to the justice of 
the peace who issued the execution, who is hereby required to pay 
the same to the overseer who entered the complaint, to be by him 
expended in improving the roads and bridges in the district of which 
he is overseer. 

§ 39. [Application of fine.] Every fine collected for refusal or 
neglect to appear and work on the highways, shall be set off against 
his assessments, or personal labor tax, upon which it was founded, 
estimating every two dollars collected as a satisfaction for one days 
work. 



ROADS AND BRIDGES. 267 



§ 40. [Excuse not to exempt from labor.] The acceptance by 
an overseer, of any excuse for refusal or neglect shall not, in any case, 
exempt the person excused from commuting for or working the whole 
number of days, for which he shall have been assessed during the 
year. 

§ 41. [Notice of road tax — tax to be received in labor or 
money.] Every overseer of highways shall give at least three days 
notice to each person residing in his district, against whom a land or 
personal property road tax is assessed, either personal or in writing, 
left at his usual place of abode of the time when and the place where 
he may appear and pay his road taxes in labor and with what imple- 
ments; and he may require of all persons appearing to pay their taxes 
in labor to furnish a spade, shovel, axe or hoe, and if any such person 
be the owner of a team, plow, wagon, cart or other implement useful 
for working the highways, he may require such person to furnish any 
of them if his road taxes are not less than three dollars. And every 
such person may appear at the time and place and with such imple- 
ments and teams as the overseer in his notice shall have required, 
and work in person or by an able-bodied substitute; and every such 
person who shall so appear and work, agreeable to the directions of 
such overseer of the highways in his district shall be credited on his 
road tax one dollar and twenty-five cents for every day, he shall act- 
ually work eight hours and at that rate for less time, and twenty-five 
cents a day for every wagon or plow, and one dollar a day for each 
yoke of oxen, and one dollar and twenty-five cents a day for each 
span of horses or mules, he shall furnish agreeably to the requirements 
of said overseer: Provided, that any person may elect to pay such 
tax to the overseer in money: Provided, further, if the overseers of 
highways fail to perform their duty, the commissioners of highways 
.shall have power to perform such duties, or cause the same to be per- 
formed under such rules as they may prescribe. 

§ 42. [Receipt.] It shall be the duty of the overseer of highways 
when such land tax has been paid, either in money or labor, to write 
the word "paid" distinctly against each name or tract on his list, on 
which the same has been paid, and give a receipt for the same, 
whether paid in labor or money, when demanded. 

§ 43. [Delinquent road tax — return.] Every overseer of high- 
ways shall deliver to the supervisor of his town, and in Cook county 
to the county board, at least five days previous to the annual meeting 
of the board of supervisors, the lists furnished by the commissioners 
of highways, containing the land and personal property road tax, with 
an affidavit thereto, sworn to before the supervisor of the town, or 
some justice of the peace of the county, that on all tracts of land on 
such list, opposite which the word "paid" is written, such tax is paid, 
and that on all tracts of land on such list, opposite which the word 
"paid" is not written, such tax is due and remains unpaid, according 
to the best of his knowledge and belief. 

§ 44. [Penalty for neglect to return.] If any overseer shall 
refuse or neglect to deliver such list to the supervisor, as provided 
in the last preceding section, or shall neglect or refuse to make the 



2G8 EOADS AND BRIDGES. 



affidavit, a.s therein directed, he shall, for every such offense, forfeit 
the sum of five dollars, and also the amount of taxes remaining un- 
paid, to be recovered by the commissioners of highways of the town, 
to be applied by them in improving the roads and bridges of such 
town. 

§ 45. [When road labor to be worked out.] It shall be the 
duty of every overseer of highways to have at least three-fourths of 
the road labor assessed in his district, worked out or actually expend- 
ed on the highways, previous to the first day of September in every 
year. 

§ 46. [Overseer's annual return.] Every overseer of highways 
shall, on the second Tuesday next preceding the time of holding the 
annual town meeting in his town, within the year for which he is 
elected or appointed, render, under oath, to one of the commissioners 
of highways of the town, an account in writing containing. — 

First. — The names of all persons assessed to work on the highways 
in the district to which he is overseer. 

Second. — The nimes of all those who have actually worked on the 
highways, with the number of days they have actually worked. 

Third.- — The names of all those who have been fined, and the sums in 
which they have been fined. 

Fourth. — The names of all those who have commuted, and the man- 
ner in which the moneys arising from fines and commutations have 
been expended by him. 

Fifth. — The amount of uncollected road tax which he has returned 
to the supervisors of the town, as required in section forty-three of this 
act. 

§ 47. [Account — moneys paid to successor.] Every such overseer 
shall also, then and there, render an account, in writing, of all moneys 
in his hands by virtue of his office, and shall also pay over the same 
to his successor in office. 

8 48. [Penalty for neglect.] If any overseer shall refuse or 
neglect to render such account, or if, having rendered the same, he 
shall refuse or neglect to pay any balance which may then be due 
from him, he shall, for every such offense, forfeit the sum of five 
dollars, to be recovered, with the balance of the moneys remaining in 
his hands, by the commissioners of highways of the town, and to be 
applied in making and improving the roads and bridges. It shall be 
the duty of the commissioners to prosecute for such penalty, in every 
instance of such refusal or neglect. 

§ 49. [Supervisors to lay delinquent list before county 
board.] It shall be the duty of the supervisors of the several towns 
to receive the list of the overseers of highways when delivered, pur- 
suant to section forty-three of this act, and to lay the same before the 
board of supervisors of the county. 



ROADS AND BRIDGES. 269 



§ 50. [Levy of delinquent tax.] It shall be the duty of the board 
of supervisors, and in Cook county the county board, to cause the 
amount of arrearages of the road tax returned by the overseer of high- 
ways to the supervisors, as provided in section forty-three of this act, 
to be levied on the lands returned, and to be collected in the same 
manner that other taxes of the county are levied and collected, and 
to order the same, when collected, to be paid over to the commissioners 
of highways of the town, except such portion of such tax as is here- 
inbefore directed to be paid to the authorities of incorporated villages, 
towns and cities, to be by them applied to the construction of roads 
and bridges. 

§ 51. [Compensation of overseers.] Each and every overseer of 
highways shall be entitled to one dollar and twenty-five ($1 25) cents, 
per day for every day he is necessarily employed in the execution of 
the duties of overseer, exceeding the amount of his highway labor 
and road tax, the number of days to be accounted to and audited by 
the commissioners of highways: Provided, that the number of days 
to be audited shall be left discretionary with the commissioners of 
highways. 

§ 52. [When road tax may be collected in money only.] The 
legal voters of any township in the state, in counties where township 
organization has been or may hereafter be adopted, may by a majority 
vote, at their annual town meeting, provide that thereafter the road 
tax assessed by the commissioners of highways, under the provisions 
of this act be collected in money only. Provided, the legal voters of 
any township shall, by a majority vote, decide to pay their road tax 
in money, the commissioners of highways of any township so voting, 
are hereby authorized to contract for the construction and repairing 
of roads, the building and repairing of bridges, in their respective 
tOAvns; and they shall let such contracts by a public letting, on the 
first Monday of May, A. D. 1880, and on the first Monday of May in 
each and every year thereafter, to the lowest responsible bidder, upon 
proper notice being given, by posting copies of such notices in at 
least ten public places in their town, not less than ten days before the 
time of such public letting: Provided, the notices shall specify the amount 
and kind of work to be done, and the time in which it shall be com- 
pleted: Provided, so much of this section as relates to the letting of 
contracts, shall not be construed so as to prevent the letting of any 
contract at any other time than the first Monday of May, when necessity 
requires it, or, if the commissioners of highways deem it to be to the 
interest of their town, they may, to an amount not exceeding twenty-five 
dollars, privately contract with persons, as they deem best, for putting 
and keeping roads and bridges in repair, but in no case shall such 
contracts exonerate such commissioners from liability for failure to keep 
such roads and bridges in repair. 

§ 53. [Plat of road districts.] The town clerk of each town 
shall, on or before the first day of September next, and annually there- 
after (if the boundary line be changed,) furnish to the county clerk a 
certified plat of the several road districts of his town. 



270 ROADS AND BRIDGES. 



§ 54. [County clerk to designate district on tax book.] In 
all counties acting under township organization, the county clerk, in 
extending district road tax upon the tax books, shall designate to what 
district said tax belongs. 

§ 55. [Abstract of tax due districts.] It shall be the duty of 
county and township collectors to make out an abstract of the amount 
of district road tax due to each district of the respective townships, 
and deliver the same to the treasurer of the commissioners of high- 
ways. 

§ 56. [Tax to be paid to districts.] The treasurer of the commis- 
sioners of highways shall pay over the district road tax according to the 
abstracts as furnished above, upon the written orders of the various 
overseers of roads for work done in their respective districts, when 
said orders are approved, in writing, by a majority of said commis- 
sioners. 

§ 57. [Destroying, etc., guide-boards, etc.] For destroying or 
defacing any guide-board, post or mile-stone, or any notice or direc- 
tion put upon any bridge or otherwise, the offender shall forfeit a 
sum not less than three dollars, nor more than fifty dollars. 

§ 58. [Injuring or obstructing road.] If any person shall injure 
or obstruct a public road by falling a tree or trees in, upon or across 
the same, or by placing or leaving any other obstruction thereon, or 
by encroaching upon the same with any fence, or by plowing or digging 
any ditch or other opening thereon, or by turning a current of water 
so as to saturate or wash the same, or shall leave the cuttings of any 
hedge thereon, for more than five days, shall forfeit for every such 
offense a sum not less than three dollars, nor more than ten dollars, 
and in case of placing any obstruction on the highway, an additional 
sum of not exceeding three dollars per day for every day he shall 
suffer such obstruction to remain after he has been ordered to remove 
the same by any of the commissioners of highways, complaint to be 
made by any person feeling himself aggrieved: Provided, this section 
shall not apply to any person who shall lawfully fell any tree for use, 
and will immediately remove the same out of the road, nor to any 
person through whose land a public road may pass, who shall desire 
to drain his land, and shall give due notice to the commissioners of 
such intention: And, provided, further, that any commissioners or 
overseers of highways, after having given reasonable notice (to the 
owners) of the obstruction, or person so obstructing, or plowing or 
digging ditches upon such road, may remove any such fence or other 
obstruction, fill up any such ditch or excavation, and recover the nec- 
essary cost of such removal from such owner or other person obstruct- 
ing such road aforesaid, to be collected by said commissioners before 
any justice of the peace having jurisdiction. 

§ 59. [Injuring or destroying sidewalk, bridge, etc.] If any 
person shall purposely destroy or injure any sidewalk, public bridge, 
culvert or causeway, or remove any of the timber or plank thereof, or 
obstruct the same, he shall forfeit a sum not less than three nor more 



ROADS AND BRIDGES. 271 



than one hundred dollars, and shall be liable for all damages oc- 
casioned thereby, and all necessary costs for rebuilding or repairing 
the same. 

§ 60. [Suits.] All suits for the recovery of any fine or penalty 
under this act shall be brought in the name of the town in which 
the offense is committed, before any justice of the peace or police 
magistrate within the town or county, who shall have jurisdiction in 
such cases to the extent of their jurisdiction in other cases; and it 
shall be the duty of commissioners of highways to seasonably prose- 
cute for all fines and penalties under this act; but in case of a failure 
of said officers to so prosecute, complaint may be made by any per- 
son: Provided, said person shall, before bringing said suit in the 
name of the town, give a bond for costs, as is provided for in the 
case of non-residents. 

§ 61. [Application of fines.] All tines recovered under the pro- 
visions of this act, unless otherwise provided, shall be paid over to 
the commissioners of highways of the town where the offense is com- 
mitted, to be expended upon the roads and bridges in the town. 

§ 62. [Sidewalks — trees — fencing hedge.] It shall be lawful 
for the owner or occupants of land bordering upon any public road, 
to build sidewalks not to exceed six feet in width, and to plant shade 
and ornamental trees along and in such road, at a distance not ex- 
ceeding one-tenth of the legal width of the road from its margin; and 
also to erect and maintain a fence, so long as shall be actually neces- 
sary for the purpose of raising a hedge on said margin, a distance of 
four feet from and within said marginal lines. 

§ 63. [Farm crossing under road.] Any person owning, using, 
or occupying lands on both sides of any public highway, shall be 
entitled to the privilege of making a crossing under said highway, for 
the purpose of letting his cattle and other domestic animals cross said 
road: Provided, said person shall erect at his own expense, a good 
and substantial bridge, with secure railings on each side thereof, and 
build an embankment of easy grade, on either side of said bridge; 
said bridge not to be less than sixteen feet wide, and to be approved 
by the commissioners of highways of the town in which said bridge 
is built, and the same to be kept constantly in good repair by the 
owner or occupant of said land, the construction subject always to the 
consent and approval of the commissioners of highways of said town: 
And, provided, further, that, in case such crossing is made on any 
water way or natural channel for water, and where a culvert or 
bridge is maintained as required for road purposes, said owners or 
occupants shall not be required to pay for or construct any more of 
said crossing, than the additional cost of such crossing over and 
above the necessary cost of a suitable culvert or bridge for road pur- 
poses at such place. 

§ 64. [When owner may connect fence, bridge, etc.] And where 
any bridge on a public road is constructed over a stream or body of 
water, where the depth or current of water, or the nature of the bank 
or banks of such stream or body of water is such as to render a fence 



272 ROADS AND BRIDGES. 



on the marginal line of the public road impracticable or very expen- 
sive to construct and keep in repair, the owner of the land bor- 
dering on the public road shall have the right to connect the road 
fence on either or both banks of the stream or body of water, to said 
bridge or any pier or abutment thereof, or to any embankment or 
timber approach to said bridge: Provided, that no necessary ford across 
said stream or body of water shall be permanently obstructed thereby: 
And, provided, further, that any such connecting fence shall be con- 
structed by the consent and under the direction of the commissioners 
of highways of tbe town in which the bridge may be located. 

§ 65. [Width of roads.] All public highways, laid out by order 
of the commissioners of highways or supervisors, on appeal shall be 
not less than fifty feet wide, nor more than sixty feet wide: Provided, 
the commissioners may lay out roads not less than forty feet wide nor 
more than sixty feet wide, when so prayed for by the petitioners, If 
such road does not exceed two miles in length: And, provided, further, 
that all public roads shall be opened within five years from the date 
of the filing of the order laying out the same or be deemed vacated. 

§ 66. [Notice against fast driving on bridge.] The commis- 
sioners of highways of each town may, when they shall deem it advisable, 
put up and maintain, in conspicuous places, at each end of any bridge 
in such town, maintained at the public charge, a notice with the fol- 
lowing words, in large characters: "Five dollars fine for riding or 
driving on this bridge faster than a walk." 

§ 61. [Penalty for fast driving on bridge.] Whoever shall 
ride or drive faster than a walk, over any bridge upon which notice 
shall have been placed and shall then be, shall forfeit to the town, for 
every such offense the sum of five dollars. 

§ 68. [Ditches, etc.] The commissioners of highways of the sev- 
eral towns are hereby authorized to enter upon any land adjacent to 
any highway in their town, for the purpose of opening any ditch, 
drain, necessary sluice or water course, whenever it shall be necessary 
to open a water course from any highway to the natural water cour- 
ses, and to dig, open and clean ditches, upon said land for the pur- 
pose of carrying off the water from said highways, or to drain any 
slough or pond on said highway: Provided, that unless the owner of 
such land, or his agent, shall first consent to the cutting of such ditch- 
es, the commissioners shall apply to any justice of the peace in the 
county in which such road is situated, for a summons directed to any 
constable of said county, commanding him to summon the said owner 
to appear before the said justice, at a time and place specified in such 
summons, not less than five nor more than fifteen days from the date 
thereof, for the purpose of having the damage assessed, which such 
owner may sustain by reason of the digging or opening of such ditches 
or drains. The said summons shall be under the hand of the said 
justice; and be served in the same manner as a summons is now serv- 
ed in civil actions before justices of the peace. On the return of 
such summons, venire shall be issued for a jury of twelve persons, 
who shall be summoned, and whose competency shall be determined, 
as in other cases in the trial of civil actions before justices of the 



ROADS AND BRIDGES. 273 



peace; which jury shall assess such damages and render a ver- 
dict therefor, which shall be final and conclusive, of the amount of 
damages sustained by such person, unless such person shall, within the 
time allowed now by law, perfect an appeal, and the amount so award- 
ed shall be paid before the commissioners of highways shall be war- 
ranted and empowered to enter such lands, and dig, open and clean 
such drains, ditches and water courses, as aforesaid, for the purposes 
contemplated in this act; and the commissioners of highways are fur- 
ther authorized to use and employ the road labor and money of their 
town for such purposes: Provided, that in case the owner of said lands 
is a non-resident; service may be had by leaving a copy with the oc- 
cupant or agent, or by notice in the same manner as prescribed in 
section (81) of this act. 

§ 69. [Altering, widening, vacating and laying out roads.] 
The commissioners of highways may alter, widen or vacate any road, 
or lay out any new road in their respective towns, when petitioned by 
any number of freeholders, not less than twelve, residing in such 
town, within three miles of the road so to be altered, widened, vaca- 
ted or laid out. 

§ 70. [Petition.] Said petition shall set forth, in wi'iting, a de- 
scription of the road, and what part thereof is to be altered, widened or 
vacated, and if for a new road, the names of the owners of lands, if 
known, and if not known, it shall be so stated, over which the road 
is to pass, the points at or near which it is to commence, its general 
course, and the place at or near where it is to terminate. 

§ 71. [Time of meeting to be fixed — notice.] Whenever the 
commissioners of highways shall receive any such petition, they shall 
fix upon a time when and where they will meet to examine the route 
of such road, and to hear reasons for or against the altering, widen- 
ing, vacating or laying out the same, and they shall give at least ten 
(10) days notice of the time and place of such meeting, by posting 
up notices in three (3) of the most public places in the township, in 
the vicinity of the road to be widened, altered or vacated. 

§ 12. [Adjournment — decision — proceedings thereon.] The com- 
missioners may, by public announcement, and by the posting of a notice 
at the time and place named for the first meeting, adjourn the meet- 
ing from time to time, but not for a longer period than twenty days 
in all; and shall, at the first or such adjourned meeting, within said 
twenty days, decide and publicly announce whether they will grant or 
refuse the prayer of the petition, and shall endorse upon, or annex to 
the petition, a brief memorandum of such decision, to be signed by 
the commissioners. Such decision shall be subject to revocation, in 
case the prayer of the petition is granted, in the manner hereinafter 
provided. In case the commissioners refuse to grant the prayer of the 
petition, they shall, within ten days thereafter, file the same, so in- 
dorsed, or with such decision annexed thereto, in the office of the 
town clerk. 

§ 73. [In case of vacancy of road.] If the petition is simply 
for the vacation of a road, and the commissioners of highways, or a 



2*74 ROADS AND BRIDGES. 



majority of them, shall at such meeting, decide that the prayer of the 
petitioners should be granted, they shall order such road to be vaca- 
ted — a copy of which order, together with the petition, shall be by 
them filed with the town clerk, such order to be so filed within ten 
days after the date_ of such decision. 

§ 74. [When for laying out, altering or widening road.] If 
such petition is for the establishment of a new road, or the alteration 
or widening of an existing road, and the commissioners of highways, 
or a majority of them, shall be of the opinion that the prayer of the 
petitioners should be granted, they shall cause a survey and plat of 
such road to be made by a competent surveyor, who shall report such 
survey and plat to said commissioners, giving the courses and distances, 
and specifying the land over which said road is to pass— in which 
they may make such changes between the termini of the road de- 
scribed in the petition, as the convenience and interest of the public 
in their judgment, may require. 

§ 75. [Damages to be first ascertained.] They shall also, 
before they order any road to be established, altered, widened, or 
vacated, ascertain, as hereafter provided, the aggregate amount. of 
damages which the owner or owners of land over which such road is 
to pass, shall be entitled to, by reason of the location, alteration or 
vacation of such road: Provided, htncever, that in case an appeal is 
taken from the assessment of damages before the justice of the peace, 
the commissioners may, in their discretion, make an order laying out, 
widening, altering or vacating such road, either before or after such 
appeal is determined, in the manner hereinafter provided. 

§ 76. [Damages may be agreed upon, etc.] The damages sus- 
tained by the owner or owners of the land, by reason of the 
establishment, alteration, widening or vacation of any road, may be 
agreed upon by the owners of such lands, if competent to contract 
and the commissioners of highways, or they may be released by such 
owners,— in which case the agreement or release shall be in writing, 
and shall be filed and recorded with the copy of the order establish- 
ing or altering such road, in the town clerk's office, and shall be a 
perpetual bar against such owners, their grantees and assigns, for all 
further claims for such damages. 

§ 77. [Summoning jury to assess damages.] In case such 
damages are not released or agreed upon, as in the preceding 
section specified, the commissioners of highways shall, within twenty 
(20) days from the date of the meeting at which it was decided to 
grant the prayer of the petition, make a certificate that they are 
about to establish widen, vacate or alter a public road, describing 
such road, vacation, widening or alteration, and the land over or on 
which such road is to be established, altered, widened or vacated, 
and naming the owners of such land, if known, and if not known, 
stating the fact, and asking for a jury to assess the damages of such 
owners, and shall present such certificate to some justice of the peace 
of the county, who shall summon a jury of twelve (12) persons, at 
least one-half of whom shall be residents of the town in which the 



ROADS AND BRIDGES, 2?5 



proposed road is located, having the qualifications of jurors, to appeal- 
before such justice of the peace at a time to be fixed by him, 
within ten (10) days from a time such certificate was presented to 
him, to assess such damages. 

§ 78. [Notice to owners.] The commissioners of highways shall 
also notify each and every owner of land — if known, and a resident 
of the county — whose damages are to be assessed, that they will 
apply to some justice of the peace of the county (giving the time 
when and the place where) to have a jury impaneled to assess such 
damages. 

§ 79. [Manner of selecting a .tury.] Upon the presentation of 
such certificate by the commissioners of highways, the justice of the 
peace shall forthwith issue a venire directed to any constable of the 
county, to summons twelve persons having the qualifications of jurors, to 
appear at such time and place as may be designated for the trial of 
such cause, whose competency shall be determined the same as in 
other civil cases before justices. 

§ 80. [Challenge to jurors.] At the trial of the case, either 
party shall have the right of challenge as in other cases; and any 
deficiency in the number of jurors, from whatever cause, shall be 
supplied by summoning other persons residing in the township, or in 
an adjoining township, in the same manner as in a civil case. SucIj 
justice of the peace shall notify the owners of such land mentioned in 
such certificate to appear at the same time before such justice to 
prove their damages. 

§ 81. [Notice to unknown owners.] In case it shall appear 
either from the certificate of the commissioners, the affidavit of any 
person, or the return of any officer to whom the notice may be 
delivered for service, that there is an unknown owner or owners who 
cannot be found and served within the county, such justice shall also 
cause notice to be posted in three of the most public places in the 
vicinity of such proposed road or alteration, at least six days before 
the time fixed for the appearance of such jury, stating when such 
jury is to be impaneled by him, and describing the road to be 
established, altered, widened or vacated as petitioned for, and the 
lands for which damages are to be assessed. 

§ 82. [Service of notice.] The notice to such owners of lands 
may be served by any constable or one of the petitioners, or other 
person of lawful age, at least five days before the time of appearance. 
If any of such owners is an infant, such summons shall be served by 
delivering a copy to the infant or its guardian, if any; if no guardian, 
the person with whom he or she resides. If any owner is a lunatic, 
or habitual drunkard having a conservator, or insane, by delivering a 
copy to his conservator, if any; if any such owner is a married woman, 
by delivering a copy to her. 

§ 83. [Oath of jury — trial — change of venue.] The jury shall 
appear before and be sworn or affirmed by such justice, faithfully and 
impartially to assess the damage of each of the owners specified in 
such certificate, or those of them whose claims are then to be adjusted 



2*76 ROADS AND BRIDGES. 



according to law, to the best of their judgment and understanding; 
and all parties in interest shall be entitled to subpoenas and other 
writs and papers, and the trial shall be conducted as in other civil 
cases: Provided, changes of venue may be granted, if applied for before 
the commencement of the trial, under the same rules and regulations 
as other civil causes before justices of the peace. 

§ 84. [Trial — verdict — judgment.] The jury shall hear such 
lawful evidence touching the question of such damages, as may be 
presented to them; and shall also, on recpiest of a majority of the 
road commissioners or owners of lands whose damages are to be de- 
termined, in a body, visit and examine the proposed location, altera- 
tion, widening or vacation of such road, and the lands to be taken and 
affected thereby, and make a written verdict, specifying the amount 
of damages, if any, which each such owner shall recover and return 
the same to such justice, to be by him entered on his docket, in the 
nature of a judgment, to be paid by such commissioners, together with 
the costs of such suit, in case they shall finally determine, to establish, 
alter, or widen or vacate such road, and the money therefor shall be 
paid by the town, out of the funds in the hands of the treasurer of 
the commissioners of highways, raised for road and bridge purposes: 
Provided: that in estimating the damages, the jury may consider the 
benefits conferred, or may disregard such benefits; but no benefits en- 
joyed in common by the owners of surrounding property shall be con- 
sidered in estimating damages. 

§ 85. [Separate assessments — continuances, etc.] Provided, 
that when there are several such owners, the jury may assess the 
damages of one or more, or all of them, at the same time, or they may 
assess such damages at different times, or there may be different juries 
and trials at different times, for different owners, if any owner shall de- 
mand a separate trial, and any such assessment of damages may be 
continued from time to time for good cause, with the like effect as 
continuances in other cases before justices of the peace. 

§ 80. [Final decision by commissioners — notice.] Within thirty 
days after the total amount of damages shall have been ascertained, 
either by release or agreement of the parties, or by assessment before 
a justice of the peace and a jury, in the manner hereinbefore pro- 
vided, the commissioners shall hold a meeting to finally determine upon 
the laying out, altering, widening or vacation of such road, of which 
meeting said commissioners shall give public notice, by causing not 
less than three notices thereof . to be posted in public places within 
the town, at least five days prior thereto. 

§ 87. [Commissioners may revoke proceedings.] In cases where 
the damages are not wholly released or agreed upon, and the com- 
missioners shall be of the opinion that the damages assessed by the 
jury are manifestly too high, and that the payment of the same 
would be an unreasonable burden upon the taxpayers of the town* the 
commissioners may revoke all proceedings had upon the petition by a 
written order to that effect. And such revocation shall have the effect 
to annul all such proceedings and assessments, releases and agreements, 
in respect to damages growing out of the proceedings upon the 
petition. 



ROADS AND BRIDGES. 277 



§ 88. [Order to alter, widen, or lay out road — plat — filing 
papers — recording.] In case the commissioners shall not revoke such 
prior proceedings, they shall make an order to be signed by them', de- 
claring such road so altered, widened or laid out a public highway, 
and which order shall contain or have annexed thereto a definite de- 
scription of the line of such road, together with a plat thereof. The 
commissioners shall, within ten (10) days from the date of such order, 
cause the same, together with the report of the surveyor, the petition 
and releases or agreements in respect to damages, to be deposited and 
tiled in the office of the town clerk, who shall note upon such order 
the date of such filing. It shall be the duty of such clerk, after the 
time for appeal to supervisors has expired, and in the case of such 
appeal, after the same shall have been determined, in the prayer of 
the petition is granted, to record such order, together with the plat 
of the surveyor, in a proper book to be kept for that purpose. 

§ 89. [When damages released or agreed upon.] In cases 
where the damages claimed by the land-owners for the right of way 
is released, or is agreed upon between the land owners and the cum- 
missioners, the commissioners, may, at their first meeting, or at any 
adjourned meeting, examine the route of the road, and cause a sur- 
vey thereof to be made, and make their order establishing, altering, 
widening or vacating the road, according to the prayer of the petition, 
and return the same within the time and in the manner specified in 
this act. 

§ 90. [Inducement may be offered.] Any person or persons in- 
terested in the establishment, alteration, widening or vacation of any 
road in this State, are hereby authorized to offer inducements to the 
commissioners of highways, for the establishment, alteration, widening 
or vacation of any such road, by entering into contract with said com- 
missioners, conditioned upon such establishment, alteration, widening 
or vacating, to pay money or any other valuable thing to the town, 
for the benefit of the road and bridge funds of the same, or to per- 
form any labor, or to construct any road, bridge or culvert on any 
road which said person or persons desire to have established, widened 
or altered. And such contracts in writing, made with said commis- 
sioners, shall be deemed good and valid in law, and may be enforced 
by said commissioners or their successors in office, before any court 
having jurisdiction. 

§ 91. [Town clerk's record, etc. — evidence — effect of same.] 
The record of the town clerk, or a certified copy of such record and 
papers, relating to the establishment, location, alteration, widening or 
vacation of any road, shall be prima facie evidence in all cases that 
all the necessary antecedent provisions have been complied with, and 
that the action of the commissioners of highways, or other persons 
and officers in regard thereto, were regular in all respects. 

§ 92. [Private roads.] Roads for private and public use of the 
width of three rods, or less, may be laid out from one dwelling or plan- 
tation of an individual to any public road, or from one public road to 
another, or from a lot of land to the highway, on petition to the 



278 ROADS AND BRIDGES. 



commissioners of highways, by any person directly interested. The 
commissioners, on receiving such petition, shall have power to lay 
out the road as asked for therein, to which end they shall proceed and 
examine into the merits of the case, and shall be governed in their 
proceedings by the rules and regulations prescribed in this act in re- 
lation to public roads. The jury shall consider the damages that may 
result to parties from said proposed road, and shall assess the damages 
to each individual owner of lands affected thereby. The amount of 
such damages shall be paid by the persons benefitted thereby, to the 
extent and in proportion that they are benefitted, to be determined and 
declared by the jury. The remainder of the amount of damages over 
and above that to be paid by the parties as aforesaid, shall be paid 
by the town as in other cases. The amount of damages to be paid 
by individuals, shall be paid to the parties entitled thereto, before the road 
shall be opened for use. An appeal may be taken on the question 
of the propriety and necessity of such road as in other cases. 

§ 93. [Limitation of time to open.] If such private road or cart- 
way shall not be opened by the petitioners or their assigns within two 
years, from the time of making the order for the location of the same, 
such order shall be regarded as rescinded. 

J5 94. [Crops — fences.] When such private road or cartway is 
proposed to pass over inclosed lands, the owners of such lands shall 
have a reasonable time not exceeding eight months, to be designated 
by the commissioners of highways, to harvest crops and remove fen- 
ces, which may be on such lands before such r.oad or cartway shall 
be opened. 

§ 95. [Payment for work on private roads.] The commissioners 
of highways may, in their discretion, pay persons who live on or have 
private roads which are used by the public, for work done on such 
roads; but in no case shall they be allowed more than the amount of 
their road tax for the year in which the work is done. 

§ 96. [Roads on town and county lines.] Public roads may be 
established, altered, widened or vacated on township or county lines, 
or from one township into another, in the same manner as other 
public roads, except that in such case the petition shall be presented 
to the commissioners of highways of each town interested, said petition 
to be as in other cases, and signed by not less than twelve freeholders 
residing in either county, within three miles of the road so to be alter- 
ed, widened, located or laid out; whereupon it shall be the duty of 
the commissioners of highways of the several towns to meet, and act 
as one body, in the same time and manner as in other cases, in con- 
sidering the petition, viewing the premises, adjusting damages, and 
making all orders in reference to such proposed road alteration, widen- 
ing or vacation, and a majority of all such commissioners must concur 
in all such orders; and a copy of all final orders and plats and papers 
shall be filed and recorded in each of the counties and towns interested. 

§ 97. [Allotment of repair, etc. — division of expense, etc.] 
The commissioners of highways shall also, in case a new road is 
established, allot to each of such towns the, part of such road which 



ROADS AND BRIDGES. 279 



such town shall open and keep in repair, and the part so allotted shall 
be considered as wholly belonging to such town. They shall also divide 
the expenses and damages which may accrue from such location, 
widening or alteration, and if they cannot agree, they shall refer the 
matter to three disinterested freeholders, as arbitrators whose decision 
shall be final. 

§ 98. [Appeal.] Any person or persons interested in the decision 
of the commissioners of highways, in determining to or in refusing 
to lay out, alter, widen or vacate any road, or revoking any previous 
order or decision relative to any road, or from the verdict of any jury 
in assessing damages in opening, altering or vacating any road, may 
appeal from such decision to three supervisors of the county, outside 
of the town in which such road or proposed road is located, by giving 
a written notice of such appeal to said commissioners of highways, 
and to at least three of the petitioners, and also to the same parties, 
a notice when and where such appeal will be tried, at least three days 
before such trial, within ten days after such decision has been tiled 
in the office of the proper clerk; and shall also present a written 
petition to some justice of the peace of the county, asking for an ap- 
peal, and stating on what grounds such appeal is taken. 

§ 99. [Trial of appeal — power of supervisors appealed to. J 
It shall be the duty of the justice of the peace to cause to be sum- 
moned three supervisor of the county to hear such appeal; and said 
supervisors shall fix upon a time and place when said appeal will be 
heard by them; which place shall be in the town where the road is 
located; and upon such appeal the said supervisors shall have the 
same power and authority that is by this act conferred on the com- 
missioners of highways, not only in regard to the laying out, altering, 
widening or vacating any road, but shall have the same power to cause 
a jury to be called to assess damages, whenever the state of the pro- 
ceedings require it, and the supervisors can not agree with the owners 
of the land in regard to the same. 

£ 100. [Report of decision — compensation — decision final.] 
And they shall make a report of their proceedings and decision in 
the case, and in like manner, that is by this act, required by the high- 
way commissioners, and shall be entitled to the same compensation; 
and their decision shall be final in regard to laying out, altering, widen- 
ing or vacating such road, or in refusing to do the same for one year 
after such decision. 

§ 10 L. [Cases of appeal — bond.] Any parties taking an appeal 
from the award of the decision of the highway commissioners, or the 
verdict of the jury, shall pay the cost of such appeal, in case the 
award or the decision of the highway commissioners, or the verdict of 
the jury, is in all things sustained, and shall file a sufficient bond with 
the justice of the peace or toAvn clerk, before taking such appeal, 
guaranteeing such payment in such case. 



280 ROADS AND. BRIDGES. 



§ 102. [Majority may decide.] The decision of a majority of the 
supervisors in any appeal case shall be taken as the decision of said 
supervisors. 

§ 103. [Appeal when road is on town or county line.] When 
the commissioners of highways of one town disagree with the com- 
missioners of highways of an adjoining town, in regard to the laying 
out of a new road, or the alteration, widening or vacation of an old 
road, on any county or town line, appeals may be taken from such 
decision in the same manner as set forth in section (98), of this act. 
Provided, that when such decision is in regard to a road on a county line, 
two supervisors and one commissioner of highways shall be selected 
from one county, and two commissioners of highways and one supervisor 
shall be selected from the other. The county from which the two super- 
visors shall be selected, shall be determined by the party or parties 
taking the appeal, and the justice of the peace shall issue his sum- 
mons accordingly. 

§ 104. [Town and county line roads — how allotted — what 
deemed such.] All roads heretofore laid out upon town or county 
lines shall be divided, allotted and kept in repair in the manner as 
hereinbefore directed. Any public road that is or shall hereafter be 
laid out on a county or town line, shall be held to be a road on a 
county or town line, although, owing to the topography of the ground 
along said county or town line, or at the crossing of any stream of 
water, the proper authorities, in establishing or locating such road, 
may have located a portion of the same to one side of such county 
or town line. 

§ 105. [State line roads.] Roads may be laid out and opened 
upon the line between this and any adjoining state, as provided in 
the preceding sections, whenever the laws of such adjoining state shall 
be applicable. 

§ 106. [Town and county line bridges.] Bridges over streams 
which divide towns or counties, and bridges over streams on roads 
on county or town lines, shall be built and repaired at the equal ex- 
pense of such towns or counties: Provided, that for the building and 
maintaining of bridges over streams near county or town lines, in 
which both are equally interested, the expense of building and main- 
taining any such bridges shall be borne equally by both counties or 
towns. 

§ 107. [Contracts in reference to such bridges.] For the pur- 
pose of building or keeping in repair such bridge or bridges, it shall 
be lawful for the commissioners of highways uf such adjoining towns 
or counties to enter into joint contracts, and such contracts may be 
enforced, in law or equity, against such commissioners jointly, the 
same as if entered into by individuals, and such commissioners may 
be proceeded against, jointly, by any parties interested in such bridge 
or bridges, for any neglect of duty in reference to such bridge or 
bridges, or for any damages growing out of such neglect. 

§ 108. [Enforcment of contracts.] If the commissioners of high- 
ways of either of such towns, after reasonable notice, in writing, from 



ROADS AND BRIDGES. 2S1 



the commissioners of highways of any other such towns, shall neg- 
lect or refuse to build or repair any such bridge, when any Contract 
or agreement, hat- been made in regard to the same, it shall be law- 
ful for the commissioners so giving notice to build or repair the same, 
and to recover, by suit, one-half (or such amount as shall have been 
agreed upon) of the expense of so building or repairing such bridge, 
with costs of suit and interest from the time of the completion there- 
of, from the commissioners so neglecting or refusing. 

§ 109. [Effect of judgment on such contract.] Any judgment 
so recovered against the commissioners of highways of either of such 
towns, shall be a charge on such town, unless the court shall certify 
that the neglect of (or) refusal of such commissioners was willful or 
malicious, in which case only such commissioners shall be personally 
liable for such .judgment, and the same may be enforced against them 
in their personal and individual capacity. 

§ 110. [County aid to build bridge.] When it shall be neces- 
sary to construct or repair any bridge in any town, or to build a 
bridge over any stream between towns, or over streams on roads be- 
tween towns in the same county, which would be an unreasonable 
burden to the same, the cost of which will be more than can be raised 
in one year by ordinary taxes for bridge purposes in such town, or 
one of such towns, the commissioners of highways of either town 
desiring to build such bridge shall present a petition to the county 
board of the county in which such town or towns is situated, praying 
for an appropriation from the county treasury to aid in the building 
constructing and repairing of such bridge, and such county board shall, 
when one-half the necessary funds have been provided for by the 
town authorities of either or both such town or towns, appropriate the 
other half: Provided, that all unexpended surplus of any appropriation 
thay may be granted by the county under the provisions of this section 
shall be paid back into the treasury. And all funds provided to 
be raised under this section shall be expended by, and under the 
joint control of the commissioners of highways, of the town asking 
such aid, and two persons appointed by the county board of the county 
granting the same. 

§ 111. [Vote to borrow money to build bridge.] When it 
shall be necessary to build a bridge in any town which would re- 
quire a larger sum of money to complete than is authorized to be 
raised by taxation, under the constitution upon a single year's assess- 
ment, the the commissioners of highways shall petition the supervisor of 
the town, to call a special town meeting to vote on the proposition 
"to borrow money to build a bridge," which said petition shall be 
signed by said commissioners in their official capacity, and by at least 
twenty-five freeholders of such town, and thereupon such petition shall 
be filed in the office of the town clerk of such town. Upon the filing 
of said petition, the supervisor shall order the town clerk, by an 
instrument in writing to be signed by him, to post up in four of the 
most public places in said town, notices of such special town meeting; 
Avhich notice shall state the object, time and place of meeting, and 
the manner in which the voting is to be had, which shall be invari- 



282 ROADS AND BRIDGES. 



ably by ballot, and shall be "to borrow money to build a bridge," 
when the voter desires to vote in favor of that proposition, and 
"against the proposition to borrow money to build a bridge," when 
the voter desires to vote against said proposition. The special town 
meeting shall be held and returns thereof made in the same manner 
as other special town meetings, are now or may hereafter be provid- 
ed by law; and if it shall appear that a majority of the legal voters 
voting at said election shall be in favor of said proposition, the supervisor 
and town clerk, acting under the direction of the commissioners of 
highways of said town, shall issue from time to time, as the' work 
progresses, a sufficient amount in the aggregate of the bonds of said 
town for the purpose of building such bridge, said bonds to be of 
such denominations, bear such rate of interest, not exceeding eight per 
cent, upon such -time, and be disposed of as the necessities and conve- 
niences of said town officers require: Provided, that said bonds shall 
not be sold or disposed of for less than their par value, and such 
town shall provide for the payment of such bonds and the interest 
thereon by appropriate taxation. 

§ 112. [Re-survey and plat of roads.] Upon the petition of 
twelve legal voters, it shall be the duty of the commissioners of high- 
ways of each town, within a reasonable time, to employ a competent 
surveyor, and have any road or roads designated in such petition in 
their several towns re-sivrveyed, and plats thereof made, which plats and 
surveys shall be by them filed for record in the office of the town 
clerk: Provided, that this section shall not apply where the same has 
been already done, unless the exact location of such road is uncertain. 

§ 118. [New road not to vacate old road, unless, etc. J The 
establishment of a new road on the route of a road already established 
according to law, shall not vacate the road previously established, un- 
less such vacation is prayed for in the petition, and so declared in 
the order establishing the new road. 

§ 114. [Contract for bridges.] The commissioners of highways 
of the several towns are hereby authorized to contract for the build- 
ing and repairing of bridges in their respective towns, and they may 
let such contracts by a public letting to the lowest responsible bidder, 
upon proper notice being given by posting copies of such notice in 
at least three (3) public places in their town, not less than ten (10) days be- 
fore the time of such public letting, or if they deem it to be to the 
interest of their town, they may, to an amount not exceeding twenty- 
five dollars, ($25), privately contract with persons, as they shall deem 
best for putting bridges in good repair; but in no case shall such 
contracts exonerate such commissioners from liability for failure to 
keep such bridges in repair. 

§ 115. [Orders received for tax.] Provided, — that the collector 
of taxes shall receive from any tax payer, in payment of said tax-pay- 
ers road and bridge tax, any order of the commissioners of highways, 
on their treasurer, for work done on or material furnished for the 
construction or repairs of the highways or bi-idges, in any sum not to 
exceed the amount of such person's road and bridge tax then due. 



ROADS AND BRIDGES. 283 



§ 116. [Removal of fences.] Whenever a public road is ordered 
to be established or altered, according to the provisions of this act, 
which road shall pass through or on enclosed land, the commissioners 
of highways shall give the owner or occupant of such land sixty days 
notice in writing to remove his fences. If such owner or occupant does 
not remove his fence within sixty days after such notice the commission- 
ers shall cause the same to be removed, and direct the road to be 
opened and worked, and such owner shall forfeit to such commission- 
ers the sum of one dollar for every day he shall permit his fence to 
remain after the expiration of the said sixty days, and shall pay all 
necessary cost of removal, to be collected by said commissioners be- 
fore any justice of the peace having jurisdiction. 

£ 117. [Compensation of commissioners.] The commissioners of 
highways shall receive for their services the sum of one dollar and 
•fifty cents ($1.50) per day for each day necessarily employed in the 
performance of their duties, the same to be audited by the town au- 
ditors and paid out of the town funds. 

§ IIS. [Road to be opened in five years.] All highways laid 
out by order of the commissioners or supervisors, on appeal, shall be 
opened within five years from the time of laying out the same. If not 
opened within the time aforesaid the same shall be deemed to be vacated. 

§ 119. [Tax to be collected in money.] The highway commis- 
sioners of each town shall, annually, ascertain, as near as practicable, 
how much money must be raised by tax on real and personal property 
for the making and repairing of bridges, the payment of damages by rea- 
son of the opening, altering, and laying out of new roads, the purchase of 
the necessary tools, implements and machinery for working roads; the 
purchase of the necessary material for building or repairing roads and 
bridges, the pay of the overseers < of highways during the ensuing 
year; commencing on Tuesday next preceding the annual town meet- 
ing, which tax shall be extended on the tax books, according to the 
assessment of the previous year; and shall levy a tax on all the real 
and personal property in said town, not exceeding forty cents on the 
one hundred dollars; and they shall give to the supervisor of the 
township, and in Cook county to the county board, a statement of the 
amount necessary to be raised, and the rate per cent, of taxation, 
signed by said commissioners, or a majority of them, on or before the 
Tuesday next preceeding the annual September meeting of the board 
of supervisors, or the county board of Cook county, who shall cause 
the same to be submitted to said board for their action at such 
September meeting of said board. Provided, that if the commission- 
ers of highways, or any three legal voters, shall give notice, by post- 
ing notices in at least three of the most public places of the town, at 
least ten days before the annual town meeting, that a larger amount 
of money will be required for the purpose of constructing or repairing 
roads or bridges in their town than, can be realized from the real 
and personal property tax authorized by law, to be assessed by the 
commissioners, the legal voters present at such meeting may authorize 
an additional amount to be raised by tax, not exceeding forty cents 
on each one hundred dollars valuation, and said board shall cause the 
same to be extended on the tax books. 



286 SCHOOLS. 



cil under the hands and seals of the president, and secretary, of the 
board, the amount of money required to be raised by taxation for 
school purposes in said district for the ensuing year, and the said 
city council shall thereupon cause the said amount to be levied and 
collected in the same manner now provided by law for the levy and col- 
lection of taxes for school purposes in such district, but the amount 
to be so levied and collected shall not exceed the amount now allowed 
to be collected for school purposes by the general school laws of this 
state ; and when such taxes have been collected and. paid over to tjje 
treasurer of such city or school district as may be provided by the 
terms of the act under which such district has been organized, such 
funds shall be paid out only on the order of the board of education 
or school directors, signed by the president and \ secretary of such 
board. 



Approved May 29th, 1879. 



DISTRICTS-SCHOOL . 



§ 33. Division into districts-— map— alteration. 



An Act to amend section thirty-three (33) o+' an act entitled "An act 
to amend sections 24, and 33 of an act entitled "An act to establish 
and maintain a system of free schools" approved April ], 1872, ap- 
proved May 23, 1877, in force July 1, 1877. Approved May 31, 
1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section thirty three (33) of said 
act be so amended as to read as follows: 

§ 33. [Division into districts — map — alterations.] Trustees of 
schools in newly organized townships, shall lay off the township into 
one or more districts, to suit the wishes and convenience of a majority 
of the inhabitants of the township, and shall prepare or cause to be 
prepared, a map of the township, on which map shall be designated 
the district or districts to be styled, when there are more than one 
District, No. . . , in . . . . Township No. . . . , Range . . , of the 
. . P. M., (according to the proper numbers), county of ... , and 
State of Illinois, which districts they may change at the regular meet- 
ing, in April upon the following conditions. 

First, Upon petition of a majority of the legal voters of each of 
the districts affected by the proposed change, the trustees of a town- 
ship may change the boundaries of any district lying wholly therein, 
or establish a new district or districts out of said territory, as the case 
may be. 

Second, Upon a like petition, school districts may be formed out of 
parts of two or more townships or fractional townships, or a part of 



SCHOOLS. 28? 



a district lying in one township, may be added to a district lying in 
another township, in which case, the trustees of schools of said town- 
ships, shall concur in the formation of such districts. 

Third, Upon petition of two thirds of all the voters in any territory 
containing not less than five families, representing that they are not 
properly accommodated with school privileges, but will be by being 
added to another district, or formed into a new district, and upon 
petition of a majority of the voters of such other district, if any, the 
trustees of the township or townhips, in which such territory or ter- 
ritory and district, are situated, may set off such territory. Provided, 
that when any territory set off or new district formed as aforesaid 
contains territory taken from a district having a bonded debt, such 
district shall remain liable for the payment of such bonded debt as if 
not divided. The directors of the original district having such bonded 
debt and of the district into which the territory taken from such 
original district has been incorporated or formed, shall constitute a 
joint board for the purpose of determining and certifying and they shall 
determine and certify to the county clerk, the amount of tax required 
yearly for the purpose of paying the interest and principal of such 
bonded debt, which tax shall be extended by the county clerk against 
all the property embraced within sxich original district, as if it had 
not been divided. 

Fourth, Upon petition of a majority of the voters of a district com- 
posed of parts of two or more townships, it shall be the duty of each 
of the boards of trustees of the several townships to provide for so 
much of the territory of said district, as lies within their respective 
townships, by annexing said territory to a district, or to districts al- 
ready formed, or by the creation of a new district or districts, which 
shall include said territory. 

Fifth, Upon petition of a majority of the voters of any district or- 
ganized under a special act, and of the voters of other districts affect- 
ed by the proposed change, trustees of township or townships in which 
such district is situated may change the boundaries of such district. 

Sixth, The board of school trustees are hereby granted discretionary 
powers in the matter of changing the boundaries of school districts, 
and in creating new districts, when petitioned as hereinbefore provided: 
Provided, that such petitioners or a majority of the legal voters of 
such districts to be affected or either of them, not signing such pe- 
tition, shall have the right to appeal, from the decision of said board, 
within ten days from the date of the action of said trustees, to the 
county superintendent of schools, and when an appeal is taken the 
appellants shall file written notice thereof, with the township treasurer, 
who shall within five days thereafter, transmit all the papers in the case 
with a transcript of the records of the trustees, showing their action 
thereon to the county superintendent, and in case of an appeal the 
township treasurer, shall be required to take no further action in the 
matter, except upon the order of the county superintendent, whose 
duty it shall be to investigate the case upon such appeal, and if in 
his opinion the change asked is for the best interests of the die- 



288 SCHOOLS. 



trict or districts concerned, he shall order the trustees to make such 
change or changes, and his action, shall be final and binding. Pro- 
vided, also, that if the changes asked by the petitioners shall be order- 
ed by the county superintendent, it shall be the duty of the treasurer 
to make the records and maps required by law, and return the same 
to the county clerk, and in case a new district is organized by the 
action of the county superintendent, to order an election of directors 
in the new district within fifteen days, thereafter the same, as if the 
change had been made by the board of trustees. 

Seventh, When the trustees of schools shall organize a new district 
under the provisions of this section, it shall be their duty before the 
meeting at which the new district or districts shall have been organized, 
adjourns to order an election to be held, if no appeal is taken, within 
fifteen days after the time allowed for an appeal, shall have expired, 
at some convenient time and place, within the boundaries of such 
newly organized district, for the election of three school directors, 
notice being given by the township treasurer, who shall post up three 
notices of such election in three prominent places in said district, at 
least ten days prior to the time appointed for holding such election, 
which notices shall specify the place where such election is to be held, 
the time for opening and closing the polls, and object of said election. 
It shall be the duty of the legal voters present, five of whom shall 
constitute a quorum, to appoint three of their number, two of whom 
shall act as judges, and one as clerk of said election. Within ten 
days after the election, it shall be the duty of the directors elected 
at said election, to meet at some convenient time and place, previous- 
ly agreed upon by said directors, and organize as a district board, by 
appointing one of their number president, and also some suitable per- 
son clerk of the board, who shall, by virtue of his office, be clerk of 
the district. At this first meeting of the directors, they shall draw 
lots for their respective terms of office for one, two and three years, 
each of which shall be considered a fractional term, ending at each 
annual meeting, according to the length of term drawn. 

Eighth, Whenever any changes, as provided in this section, are 
made, trustees of schools shall prepare, or cause to be prepared, a map 
of their township showing the districts accurately; which map shall be 
certified by the president and clerk of the board, and filed with and 
recorded by the county clerk in a book kept for that purpose, to be 
paid for out of the county treasury, when a new district is formed, 
from a part of a district, the trustees of a township or townships con- 
cerned shall proceed forthwith to make a distribution of any tax funds 
or other fnnds which are in the hands of the treasurer, or to which 
the district may, at the time of such division, be entitled; so that 
both the old and new districts shall receive parts of such funds in 
proportion to the amount of taxes collected, next preceding such di- 
vision from the taxable property in the territory composing the several 
districts. If the new district be composed of parts of two or more 
districts, the trustees shall make distribution of said funds between the 
new district and the old districts respectively, so that the new district 
shall receive a distribution of the funds of each of the old districts in 
the proportion which the amount of taxes collected from the property 



SCHOOLS. 28U 



in the territory of the new district bears to the whole taxes collected, 
next before the division, in the old district; and the town treasurer 
shall forthwith place the sums so distributed to the credit of the re- 
spective districts, and shall immediately place the proportion of the 
said funds to which said new districts may be entitled to its credit on 
his books, and the funds on hand shall be subject at once to the order 
of the directors of the new district, and those not on hand, as soon 
as collected. The trustees of the township or townships concerned, 
shall, at the time of the creation of a new district, or within the 
period of thirty days thereafter, proceed to the appointment of three 
appraisers, who shall not be citizens of the township or townships in- 
terested. It shall be the duty of said appraisers, within thirty days 
after their appointment, to appraise the school property, both real and 
personal, of the district or districts interested, at their fair cash value. 
Within thirty days after such appraisement, the trustees of the town- 
ship or townships concerned, shall proceed to charge the property to 
the district in which it may be found, and to credit the other district 
interested therein with its proportion of such valuation: Provided, 
that the bona fide debts, if any, of the old district, shall first be de- 
ducted and the balance charged and credited as aforesaid, and of the 
funds then on hand, or subsequently to accrue, belonging to such dis- 
trict to which such property is charged, the trustees shall direct the 
treasurer to place to the credit -of the district not retaining said prop- 
erty its proportion of the value of said property. If trustees shall fail 
to observe the provisions of this section in reference to distribution 
of funds and property, they shall be individually and jointly liable to 
the district interested, in an action on the case, to the full amount of 
the damages sustained by the district aggrieved. When trustees have 
heretofore failed to make distribution of property to districts as pro- 
vided in this section, any district interested in the making of such 
distribution may, by its directors, request the trustees, in writing, to 
proceed to make such distribution; and said trustees shall proceed to 
make distribution in the manner herein prescribed, and shall be 
liable in like manner for neglect or failure. When the trustees make 
any changes in district boundaries, whether by division, consolida- 
tion or otherwise, within ten days after the time for an appeal has 
expired, if no appeal has been taken, and when upon appeal, the 
county superintendent has ordered any such change within ten days 
after the order is made by the county superintendent, the township 
treasurer, shall make a full record thereof, in the record book of the 
trustees, and file a copy of said record, together with a new map of 
the township, and a list of the taxpayers resident in each of the 
newly arranged districts, in the office of the county clerk. Compliance 
with these requirements, within the said period of ten days, is hereby 
made essential to the validity of any alterations of district boundaries. 



Approved May 3 1st, 1879. 



290 SCHOOLS. 



FREE SCHOOLS-AMENDMENTS. 



6 7. Report of governor. 

8 14. Book to be kept. 

S 17. Report to State superintendent— pen- 
alty for neglect. 

8 20. County superintendent to visit schools 
—advice— decision. 

8 22. Sale of land taken for debt. 

§ 30. Poll book— copy, evidence— penalty 
for failure to return 



§ 47. Borrowing money— limit— tax— bonds 

—registration. 
§ 48. Corporate name of directors— quorum 

—liability — duties— not to remove 

school houses, etc, except. 
§ 51. Examination of teachers— notice. 
8 52. Teachers— qualifications— when pay 

allowed, etc, 
3 53. Schedules— form— certificate. 



8 32. Kegulav and special meetings— termsi §54. Schedules delivered to township treas- 
of office — records. urer— school month — lost time. 

8 35. Transfer of pupils— separate sehedulej 8 55. Duties of township treasurer— bond, 

-high school. $ 57. Loans— securities. 

§ 30. Statement to county superintendent. | 63. Treasurer to account semi-annally to 

§ 42. School directors— election -term of of-! trustees. 

flee— duties. j § 67. Payment from funds on order of di- 

8 43. District school tax— surplus fund for rectors. 

libraries, etc. I 8 79. Not to affect schools in certain cities 

8 44. Certificate of special tax. —duties of board of education. 

§ 45. County clerk to compute tax. I 

An Act to amend an act entitled "An act to establish and maintain 
a system oj Free Schools" approved April 1, 1872/ and section for - 
ty-seve?i (47) of said act as amended by an act approved May 11, 
1877. Approved June 3, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the people of the State of Illinois, rep- 
resented in the General Assembly, That sections seven (7), fourteen 
(14), seventeen (17), twenty (20), twenty-two (22), thirty (30), thirty- 
two (32), thirty-live (35), thirty-six (36), forty-two (42), forty-three 
(43), forty-four (44), forty-rive (45), forty-seven (1 7), as amended, forty 
eight (48), fifty-one (51), fifty-two (52), fifty-three (53), fifty-four (54), 
fifty-five (55), fifty-seven (57), sixty-three (63), sixty-seven (67), and 
seventy-nine (79) of the aforesaid act, be amended to read as follows: 

§ 7. [Report to governor.] Said State Superintendent shall, ou 
or before the first day of November preceding each regular session of 
the General Assembly, report to the Governor the condition of the 
schools in the several counties of the State; the whole number of 
schools which have been taught in each county in each of the pre- 
ceding years, commencing on the first of July; what part of said num- 
ber have been taught by males exclusively, and what part by females 
exclusively; what part of said whole number have been taught by 
males and females at the same time, and what part Dy males and fe- 
males at different periods; the number of scholars in attendance at 
said schools; the number of persons in each county under twenty-one 
years of age, and the number of such persons between the ages of 
twelve and twenty-one years that are unable to read and wu-ite; the 
amount of township and county funds; the amount of the interest of 
the State or common school fund, and of the interest of the township 
and the county fund annually paid out; the amount raised by an ad 
valorem tax; the whole amount annually expended for schools; the 
number of school houses, their kind and condition; the number of 
townships and parts of townships in each county; the number and 
description of books and apparatus purchased for the use of schools 
and school libraries under the provisions of this act, the price paid for 
the same, and total amount purchased, and what quantity and how 
distributed; and the number and condition of the libraries, together 
with such other information and suggestions as he may deem import- 



SCHOOLS. 891 



ant in relation to the school laws, schools, and the means of promoting 
education throughout the State; which report shall be laid before the 
General Assembly at each regular session. 

§ 14. [Books to be kept. J The said superintendent shall provide 
three wetl bound books which shall be paid for from the county 
treasury. These books shall be known and designated by the letters 
A, B, C, for the following purposes: In book "A" he shall record, 
at length, all petitions presented to him for the sale of common school 
lands, and the plats and certificates of valuation made by or under 
the direction of the trustees of schools, and the affidavits in relation 
to the same. In book B, he shall keep an account of all sales of 
common school lands; which account shall contain the date of sale, 
name of purchaser, description of land sold, and the sum sold for. 
In book C, he shall keep a regular account of all moneys received for 
lands sold, or otherwise, and loaned or paid out; the person of whom 
received, and on what account, and showing whether it is principal 
or interest; the person to whom loaned, the time for which the loan 
was made, the rate of interest, the names of the securities when per- 
sonal security is taken, or, if real estate is taken as security, a descrip- 
tion of said real estate, and if paid out, to whom, when, and on what 
account, and the amount paid out; the list of sales and the accounts of 
each township fund to be kept separate. The county superintendent 
shall report in writing to the county board, at their regular meeting 
in September each year, giving first, the balance on hand at the time 
of the last report, and a statement in detail of all receipts since that 
date, and the sources from which they were derived; second, the 
amount paid for expenses; third, the amount of his commissions; fourth, 
the amount distributed to each of the township treasurers in his coun- 
ty; fifth, any balances on hand. He shall also present for inspection 
at the same time his books and all notes or other evidences of indebt- 
edness which he holds officially with the securities for the same; and 
he shall give in writing a statement of the condition of the county 
fund and of any township funds of which he may have the custody. 

§ .17. [Report of state superintendent — penalty for neglect.] 
On or before the fifteenth day of August before each regular session 
of the General Assembly, or annually, if so required by the State su- 
perintendent, the county superintendent shall communicate to said 
State superintendent all such information and statistics upon the subject 
of schools in his county as the said State superintendent is bound to 
embody in his report to the Governor, and such other information as 
the State superintendent shall require; and any county superintendent 
so failing or refusing to report, shall be liable to removal by the 
county board for such neglect of duty. 

§ 20. [County superintendent to visit schools — advice — decis- 
ion.] It shall be the duty of the county superintendent, if so direc- 
ted by the county board, to visit, at least once in each year, every 
school in his county, and to note the methods of instruction, the 
branches taught, the text books used, and the discipline, government 
and general condition of the schools. He shall give such directions 
in the science, art and methods of teaching as he may deem expedient 



292 SCHOOLS. 



and necessary, and shall be the official adviser and constant assistant 
of the school officers and teachers of his county, and shall faithfully 
carry out the advice and instruction of the State superintendent. He 
shall encourage the formation and assist in the management of county 
teachers institutes, and labor in every practicable way to elevate the 
standard of teaching and improve the condition of the common schools 
of his county. In all controversies arising under the school law, the 
opinion and advice of the county superintendent shall first be sought, 
whence appeal may be taken, to the State superintendent, upon a writ- 
ten statement of facts, certified by the county superintendent. He 
shall at least once each year, examine all books, accounts, and vouch- 
ers of each township treasurer in his county; and if he find any ir- 
regularities in them he shall at once report the same in writing to the 
board of trustees, whose duty it. shall be to take immediately such 
action as the case demands. He shall also examine all notes, bonds, 
and mortgages, and other evidences of indebtedness which the town- 
ship treasurer holds officially; and if he find that the papers are not 
in proper form, or that the securities are insufficient, he shall so state 
in writing to the board of trustees, whose duty it shall be to take at 
once such action as is necessary to save and protect the property of 
the districts and the townships; and for a failure or refusal to take such 
action within twenty days after such notice, the members of the board, 
each in his individual capacity, shall be liable to a fine of not less 
than twenty -five dollars ($25), nor more than one hundred dollars 
($100.00), to be recovered before any justice of the peace, on infor- 
mation in the name of the People of the State of Illinois, provided 
such insufficiency is proven, and when collected, to be paid to the 
county superintendent of the proper county, for the use of schools; 
and the payment of this fine shall not relieve the board of trustees 
from their liability under the seventy-third (73) section of this act. 

§ 22. [Sale of land takex for debt.] When any real estate shall 
have been taken for debts due to any school fund, the title to which 
real estate has become vested in any county superintendent for the 
use of the inhabitants of one or more townships or of the county, the 
county superintendent may lease or sell such real estate for the bene- 
fit of said township or townships, or of the county under the provis- 
ions of section No. forty-one (4.) of this act regulating the leasing 
and sales of land by school trustees. Provided, that in case the real 
estate be held for the benefit of any township or townships, it shall 
not be sold except upon the written request of school trustees of said 
township or townships; and the said superintendent is hereby author- 
ized to execute conveyances to purchasers. 

§ 30. [Poll-book — copy, evidence — penalty for failure to re- 
turn.] Upon the election of trustees of schools, the judges of the 
election shall, within ten (10) days thereafter, cause a copy of the poll 
book of said election to be delivered to the county superintendent of 
the county, with a certificate thereon, showing the election of said 
trustees and names of the persons elected; which copy of the poll 
book with the certificate, shall be filed by said superintendent and 
shall be evidence of such election,. For failure to deliver such copy 
of poll book and certificate within the time prescribed, the judges 



SCHOOLS. 2QI 



shall be liable to a penalty of not less than twenty-five dollars ($25,00) 
nor more than one hundred dollars ($100), to be recovered in the 
name of the People of the State of Illinois, by action of assumpsit 
before any justice of the peace of the county; which penalty when 
collected shall be added to the township fund of the township. When 
school trustees are elected at town meetings as provided in section 
twenty-seven of this act, it shall be the duty of the county clerk, as 
soon as the list of the names of officers elected at the town meet- 
ings, is filed with him, to give the county superintendent a list of 
the names of all school trustees elected at the town meetings in the 
county. 

§ 32. [Regular and special meetings— terms of office — re- 
cords.] It shall be the duty of the board of trustees, to hold regular 
semi-annual meeetings on the first Mondays of April and October, and 
special meetings may be held at such other times as they may think 
proper. Special meetings of the board may be called by the president 
or any two members thereof ; and at all meetings, two members of the 
b r >ard shall be a quorum for business. Within ten days after the annual 
election of trustees, the board shall organize by appointing one of 
their number president, and some person, who shall not be a director 
or trustee, and who shall be a resident of the township, treasurer, if 
there be a vacancy in this office, who shall be ex-officio clerk of the 
board. The president shall hold his office for one year, and the treas- 
urer for two years, and until their successors are appointed; but either 
of said officers may be removed by the board for good cause. It 
shall be the duty of the president to preside at the meetings of the 
board; and it shall be the duty of the clerk to be present at all meet- 
ings of the board, and to record, in a book to be provided for the 
purpose, all their official proceedings, which shall be a public record, 
open to the inspection of any person interested therein; and all of 
said proceedings, when recorded, shall be signed by the president 
and clerk. If the president or clerk shall be absent or refuse to per- 
form any of the duties of his office, at any meeting of the board, a 
president or clerk, pro tempore may be appointed. 

§ 35. [Transfer of pupils — separate schedule — high school,] 
Pupils shall not be transferred from one district to another without 
the written consent of a majority of the directors of both districts 
which written permits shall be delivered to and filed by the proper 
township treasurer, and shall be evidence of such consent. A separate 
schedule shall be kept for each district, and in each schedule shall be 
certified the proper amount due the teacher from that district, com- 
puted upon the basis of the total number of days attendance of all 
the schedules [scholars.] If the district from which the pupils are trans- 
ferred is in the same township as the district in which the school is taught, 
the directors of said district shall deliver the separate schedule to their 
township treasurer, who shall credit the district in which the school 
was taught, and charge the other districts with the respective amounts 
certified in said separate schedules to be due. If pupils are transfer- 
red from a district of another township, the schedule for that dis- 
trict shall be delivered to the directors thereof, who shall immediately 
draw an order on their treasurer, in favor of the treasurer of the 



294 SCHOOLS. 



township in which the school was taught, for the amount certified to 
be due in said separate schedule. When a school is composed in part 
of pupils transferred from other townships, the duty of collecting the 
amount due on account of such pupils shall devolve upon the diret- 
ors. Upon petition of fifty voters of any school township, filed with 
the township treasurer at least fifteen days preceding a regular elec- 
tion of trustees, it shall be the duty of said treasurer to notify the 
voters of the township that an election "For" and "Against" a high 
school will be held at the next ensuing election of trustees, aud 
the ballots to such effect shall be received and canvassed, at such elec- 
tion; and if a majority of the votes at such election shall be found 
to be in favor of a high school, it shall be the duty of the trustees 
of the township to establish, at some central point most convenient 
for the majority of the pupils of the township, a high school, for the 
education of the more advanced pupils. For the purpose of building 
a school house, supporting the school, and other necessary expenses, 
the township shall be regarded as a school district, and the trustees shall 
have the power and discharge the duties of directors for such district 
in all respects: Provided, that in like manner the voters and trust- 
ees of two or more adjoining townships, or parts of townships, may 
co-operate in the establishment and maintenance of a high school, on 
such terms as they may by written agreement made by the board of 
trustees, enter into. And provided, further, that when any township, 
or parts of townships, shall have organized a high school, and wish 
to discontinue the same, upon petition of fifty voters of said town- 
ship, or parts of townships filed with the township treasurer at least 
fifteen (15) days proceeding a regular election of trustees it shall be 
the duty of said treasurer to notify the voters of the township that an 
election will be held to discontinue the high school at the next ensu- 
ing election of trustees, and the ballots cast "for" or "against" the con- 
tinuance of the high school shall be received and canvassed at such elec- 
tion; and if a majority of the votes at such election shall be found 
against continuing the bigh school, it shall be the duty of the trust- 
ees to discontinue the same, and turn all the assets of the high school 
over to the school fund of said township, to be used as any other 
township fund for school purposes. 

§ 36. [Statement of county superintendent.] The board of 
trustees of each township in this State shall prepare, or cause to be 
prepared, by the township treasurer, the clerk of the board, the direct- 
ors of the several districts, or other person, and forwarded, to the 
county superintendent of the county in which the township lies, on 
or before the 15th day of July, preceding each regular session of the 
General Assembly of this State, and at such other times as may be 
required by the county superintendent, or by the State Supetintendent 
of Public Instruction, a statement exhibiting the condition of schools 
in their respective towmships for the preceding biennial period, giving 
separately each year, commencing on the first of July. a:;d ending on 
the last of June; which statement shall be as follows: 

First. — The whole number of schools which have been taught in 
each year; what part of said number have been taught by males ex- 
clusively; what part have been taught by females exclusively; what 



SCHOOLS. 29o 



part of said whole number have been taught by males and females at 
the same time, and what part by males and females at different pe- 
riods. 

Second. — The whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 

Third. — The number of male and female teachers, giving each sep- 
arately; the highest, lowest and average monthly compensation paid to 
male and female teachers, giving each item separately. 

Fourth. — The number of persons under twenty-one years of age, 
making a separate enumeration of those above the age of tweve years 
who are unable to read and write, and the cause or causes of the 
neglect to educate them. 

Fifth. — The amount of the principal of the township fund ; the 
amount of the interest on the township fund paid into the township 
treasury; the amount raised by ad valorem tax, and the amount of 
such tax received into the township treasury, and the amount of all 
other funds received into the township treasury. 

Sixth. — Amount paid for teachers wages ; the amount paid for school 
house lots ; the amount paid for building, repairing, purchasing, renting 
and furnishing school houses; the amount paid for school apparatus, for 
books and other incidental expenses for the use of school libraries; the 
amount paid as compensation to township officers and others. 

Seventh. — The whole amount of the receipts and expenditures for 
school purposes, together with such other statistics and information in 
regard to schools as the state superintendent or county superintendent 
may require. And any township from which such report is not re- 
ceived in the manner and time required by law, shall forfeit its por- 
tion of the public fund for the next ensuing year : Provided, that 
upon the recommendation of the county superintendent, or for good 
and sufficient reasons, the state superintendent may remit such for- 
feiture. 

§ 42. [School directors — election — term of office — duties.] 
The annual election of school directors shall be on the third Saturday 
of April, when one director shall be elected in each district, who shall 
hold his office for three years, and until his successor is elected. In 
new districts the first election may be on any Saturday, notice being 
given by the township treasurer, as for the election of trustees, when 
three directors shall be elected, who shall, at their first meeting, draw 
lots for their respective terms of office, for one, two and three years, 
when vacancies occur, the remaining director or directors shall 'with- 
out delay, order an election to fill such vacancies ; which election shall 
be held on Saturday. Notices of all elections in organized districts 
shall be given by the directors, at least ten days previous to the day 
of said election. Said notices shall be posted in at least three of the 
most public places in the district, and shall specify the place where 
such election is to be held, the time of opening and closing the polls, 
and the question or questions to be voted on. Should the directors 



296 schools. 



fail or refuse to order any regular or special election as aforesaid, it 
shall be the duty of the township treasurer to order such election ; 
and if he fails to do so, then it shall be the duty of the county 
superintendent to order such election of directors within ten days, 
in each case of such failure or refusal ; and the election held in pur- 
suance of such order shall be valid, the same as if ordered by the 
directors. Two of the directors ordering the election shall act as judges, 
and one as clerk of said election. But if said directors, or any of 
them, shall fail to order an election, to attend, or refuse to act when 
present, and in unorganized districts, the legal voters when assembled, 
shall choose such additional number as may be necessary to act as two 
judges and a clerk of said election : Provided, that if upon the day 
appointed for said election the said directors or judges shall be of 
opinion that, on account of the small attendance of voters, the public 
good requires it, or if the voters present, or a majority of them, shall 
desire it, they shall postpone said election until the next Saturday, at 
the same place and hour, when the voters shall proceed as if it were not 
an adjourned meeting : And provided, also, that if notice shall not have 
been given as above required, then said election may be ordered as 
aforesaid, and hoi den on the third Saturday in April, or any other 
Saturday, notice thereof being given as aforesaid. In case of a tie, 
the judges shall decide it by lot on the day of election. The direc- 
tors, within ten days after the annual election of directors, shall meet 
and organize by appointing one of their number president and another 
of their number clerk, who shall keep a record of all the official acts 
of the board in a well bound book provided for the purpose, which 
record shall be signed by the president and clerk, and shall be sub- 
mitted to the township treasurer for his inspection and approval, on 
the first Mondays of April and October, and at such other times as the 
township treasurer may require. The board of directors shall hold 
regular meetings at such times as they shall designate ; and they may 
hold special meetings, as occasion may require, at the call of the presi- 
dent or any two members, and no official business shall be transacted 
by the board except at a regular or special meeting. If the president 
or clerk be absent from any meeting, or refuse to perform his official 
duties, a president or clerk pro tempore shall be appointed. The clerk 
of each board of school directors shall report to the township treas- 
urer or treasurers of the proper township or townships, immediately 
after the organization of the board, the names of the president and 
clerk, and on or before the seventh day of July, annually, such sta- 
tistics and other information in relation to the schools of their re- 
spective districts, as the township treasurer is required to embody in his 
report to the county superintendent, and the particular statistics to be 
so reported, shall be determined and designated by the State Superin- 
tendent of Public Instruction. At the annual election of director, the 
directors shall make a detailed report of their receipts and expendi- 
tures to the voters there present, a copy of which shall be transmitted 
to the township treasurer within live days of the time of said elec- 
tion. They shall also report the number and names of persons above 
the age of twelve years and under twenty-one, residing in the district, 
who are unable to read and write, and the causes of the neglect to 
educate -them. Directors are authorized to use any funds belonging to 



SCHOOLS. 291 



their district, and not otherwise appropriated, for the purchase of a 
suitable book for their records, and the said records shall be kept in a 
punctual, orderly and reliable manner. They may also, where they 
deem the amount of labor done, sufficient to justify it, allow out of 
such funds a compensation to said clerk for duties actually performed. 
Within ten days after every election of directors the judges shall 
cause the poll book to be delivered to the township treasurer, with a 
certificate thereon, showing the election of said directors and names of 
the persons elected ; which poll book shall be filed by the township 
treasurer, and shall be evidence of said election. In the case of a 
union district made up of parts of two or more townships the poll 
book shall be returned to the township treasurer, who receives the 
tax money of said district. For failure to deliver said poll book within 
the time prescribed, the judges shall be liable to the same penalty as 
is prescribed in section thirty (30) which penalty may be recovered in 
the same manner as is provided in said section, and when collected, 
shall be added to the district funds. If any trustee or director shall 
not be an inhabitant of the district or township which he represents, 
an election shall be ordered to fill the vacancy; and no person shall be 
at the same time a director and trustee, nor shall a director or trustee be 
interested in any contract made by the board of which he is a member. 

§ 43. [District school tax — Surplus fuxd for Libraries, etc.] 
For the purpose of establishing and supporting free schools for not 
less than five nor more than nine months in each year, and defraying 
all the expenses of the same, of every description; for the purpose of 
repairing and improving school houses; of procuring furniture, fuel, 
libraries and apparatus, and for all other necessary incidental expen- 
ses in each district, village or city, anything in any special charter to 
the contrary notwithstanding, the directors of such district and the 
authorities of such village or city shall be authorized to levy a tax, 
annually, upon all the taxable property of the district, village or city, 
not to exceed two per cent, for educational, and three per cent, for 
building purposes, to be ascertained by the last assessment for State 
and county taxes. They may also appropriate to the purchase of li- 
braries and apparatus, any surplus funds, after all necessary school ex- 
penses are paid.. And when any school district shall own any personal 
property not needed for school purposes, the directors of such district 
may sell such property at public or private sale, as in their judgment 
will be for the best interest of the district, and the proceeds of such 
sale shall be paid over to the treasurer of such district for the benefit 
of said school district: Provided, no such sale shall be made until the 
same, and the manner and terms thereof shall be authorized by vote 
of the district. 

§ 44. [Certificates of special tax.] The directors of each dis- 
trict shall ascertain, as near as practicable, annually, how much money 
must be raised by special tax for school purposes during the ensuing 
year which amount shall be certified and returned to the township 
treasurer, on or befoie the first Tuesday of August, annually. The 
certificate of the directors may be in the following form, viz: 



SCHOOLS. 



"We hereby certify that we require the amount of 

to be levied as a special tax for school purposes, on the taxable prop- 
erty of our district, for the year 18 

Given under our hands this day of 18. 

A. B. ) Directors district No. . . , township 

C. D. > No. . , range, . . No. . , county 

E. F. ) of ... , State of Illinois." 

It shall be the duty of the township treasurer to return said cer- 
tificates to the county clerk on or before the second Monday of August; 
and whenever the boundaries of the districts of the township shall 
have been changed, the township treasurer shall return to the county 
clerk, with the certificates, a map of the township showing such chan- 
ges, and certified as required in the thirty-third section of this act. 
When a district lies partly in two or more counties, the directors 
shall determine and certify the amounts to be levied on the taxable 
property lying in each county, and return the same to the county 
treasurer, who shall return them to the respective county clerks, as 
hereinbefore provided: Provided, that in order to determine the amount 
to be levied on the taxable property of the part of the district lying 
in each county, the directors shall ascertain from the county clerks 
of the respective counties in which such district lies, the last ascer- 
tained equalized value of the taxable property of such district lying 
in their respective counties and shall then ascertain the rate per cent, 
required, and shall apportion the whole amount to be raised between 
the several parts of the district so lying in different counties, according- 
ly. And it shall be the duty of the county clerk of each county, to 
deliver to the directors of such district, on their application a certificate 
showing the last ascertained equalized value of the taxable property 
in that p?rt of such district lying in such county. 

§ 45. [County clerk to compute tax.] According to the amount 
certified as aforesaid, the said county clerk when making out the tax- 
books for the collector, shall compute each taxable persons tax in said dis- 
trict, upon the total amount of taxable property as equalized by the 
State Board of Equalization for that year, lying and being in said 
district whether belonging to residents or non-residents, and also each 
and every tract of land assessed by the assessor, which lies, or the 
largest part of which lies in said district. The said county clerk shall 
cause each persons tax so computed to be set upon the tax book to 
be delivered to the collector for that year in a separate column, against 
each tax payers name or parcel of taxable property, as it appears in 
said collectors book, to be collected in the same manner and at the 
same time, and by the persons, as State and county taxes are collected. 
It shall be the duty of assessors, when making assessments of personal 
property to designate the number of the school district in which 
each person so assessed resides; which designation shall be made by 
writing the number of such district opposite each persons assessment 
of personal property, in a column provided for that purpose in the as- 
sessment roll returned by the assessor to the county clerk. It shall be 



SCHOOLS. 299 



the duty of the county clerk to copy said numbers of school districts, as 
returned by the assessor, into the collectors book, and to extend the 
school tax on each persons assessment of personal property according 
to the rate required by the amount designated by the directors of the 
school district in which such person resides. It is hereby made the 
duty of the proper officers, in preparing blank books and notices for the 
use of assessors, to provide columns and blanks for the use of assessors 
as above described. The computations of each persons tax, and the 
levy made by the clerk, as aforesaid, shall be final and conclusive: 
Provided, the rate shall be uniform, and shall not exceed that required 
by the amount certified by the board of directors; and the said county 
clerk, before delivering the tax book to the collector, shall make out 
and send by mail to each township treasurer oi the respective townships 
in the county, a certificate of the amount due each district, or frac- 
tion of a district in his township, of said tax, so levied and placed 
upon the tax books, and on or before the first day of April next after 
the delivery of the tax books containing the computation and levy oi 
said taxes aforesaid, or so soon thereafter as the township treasurer 
shall present the said certificate of the amouat of said tax, aud make 
a demand therefor, the said collector shall pay to said township treas- 
urer the full amount of said tax so certified by the county clerk, or 
in case any part thereof remains uncollected, said collector shall, in 
addition to the amount collected, deliver to said township treasurer 
a statement of the uncollected taxes for each district of such township, 
taking of the township treasurer his receipt therefor, which receipt 
shall be evidence, as well in favor of the collector as against the town- 
ship treasurer; and said treasurer shall enter the amount collected in 
his books, under the proper heads, and pay the same out as provided 
for by this act. When a district is composed of parts of two or more 
townships, the directors shall determine and inform the collectors of 
said townships and the collector or collectors of the county or counties 
in which said townships lie, in writing under their hands as directors which 
of the treasurers of the townships from which their district is formed 
shall demand and receive the tax money collected by the said collect- 
ors as aforesaid. 

§ 41. [Borrowing money — limit — tax — bonds — registration.] 
For the purpose of building school houses, or purchasing school sites, 
or for repairing and improving same, the directors, by a vote of the 
people at an election called and conducted as required in the forty- 
second ( 2) section of this act (a majority of the votes cast shall be 
necessary to authorize the directors to act) may borrow money, issuing 
bonds, executed by the officers, or at least two members of the board, 
in sums of not less than one hundred dollars ($100), but the rate of 
interest shall not exceed eight per cent., nor shall the sum borrowed 
in any one year, exceed five per cent, (including existing indebted- 
ness) of the taxable property of the district, to be ascertained by the 
last assessment for the State and county taxes previous to the incur- 
ring of such indebtedness nor shall the tax levied in any one year for 
building school houses, exceed three per cent, of said taxable property, 
except to pay indebtedness contracted previous to the passage of this 
act. All bonds authorized to be issued by virtue of the power granted 



300 SCHOOLS. 



by this act, before being so issued, negotiated and sold, shall be reg- 
istered, numbered, and countersigned by tbe school treasurer of the 
township wherein the school house of such district is, or is to be 
located. Such register shall be made in a "bond register" book to be kept 
for that purpose, and in this register shall first be entered the record 
of the election, authorizing the directors to borrow money, and then 
a description of the bonds issued by virtue of such authority, as to 
number, date, to whom issued, amount, rate of interest, and when due. 
All moneys borrowed under authority granted by this section shall be paid 
into the school treasury of the township wherein the bonds issued therefor 
are required to be registered and upon receiving said moneys, the 
treasurer shall deliver the bond or bonds issued therefor, to the parties 
entitled to receive the same, and shall credit the funds received to the 
district issuing the bonds, and shall enter in the "bond register," the 
exact amount received for each and every bond issued, and when any 
such bonds are paid, the township treasurer shall cancel the same, and 
shall enter in the "bond register,'" against the record of such bonds 

the words, "Paid and cancelled this . . . day of 

A. D. . . ," filling the blanks with the day, month and year, cor- 
responding with the date of such payment. 

§ 48. [Corporate same of directors — quorum — liabilitv — duties 
— kot to remove school house, etc, except.] The directors 
of each district are hereby declared a body politic and cor- 
porate by the name of "School Directors of District No. . , Town- 
ship No. . . . , County of ... , and State of Illinois, 1 '' and by 
that name may sue and be sued in all courts and places whatever. 
Two directors shall be a quorum for business. The directors shall be 
liable as directors for the balance due teachers, and for all debts 
legally contracted. They shall establish and keep in operation, for at 
least one hundred and ten days of actual teaching in each year, with- 
out reduction by reason of closing schools upon legal holidays, or 
for any other cause, and longer if practicable a sufficient number of 
free schools for the accommodation of all children in the district over 
the age of six and under twenty-one years, and shall secure to all 
such children, the right and opportunity to an equal education in such 
free schools. They shall adopt and enforce all necessary rules and reg- 
ulations for the management and government of the schools, and shall 
visit and inspect the same, from time to. time, as the good of the 
schools may require. They shall appoint all teachers, fix the amount 
of their salaries, and may dismiss them for incompetency, cruelty, neg- 
ligence, immorality, or other sufficient cause. They shall have power 
to assign pupils to the several schools. They shall direct what branches 
of study shall be taught and what text books and apparatus shall be 
used in the several schools, and strictly enforce uniformity of text 
books therein, but shall not permit text books to be changed oftener 
than once in four years. They may suspend or expel pupils for in- 
corrigibly bad conduct, and no action shall lie against them for such 
expulsion or suspension; and may provide, that children under twelve 
(12) years of age shall not be confined in school more than four hours 
daily. It shall not be lawful for a board of directors to purchase or 



SCHOOLS. 301 



locate a school house site, or to purchase, build, or move a school 
house, or to levy a tax to extend schools beyond nine months, with- 
out a vote of the people at an election called and conducted as re- 
quired in the forty-second section of this act; a majority of the votes 
cast shall be necessary to authorize the directors to act: Provided, 
that if no one locality shall receive a majority of all the votes cast 
at such election, the directors may if in their judgment the public inter- 
ests require it, proceed to select a suitable school house site; and the 
site so chosen by them, shall, in such case, be legal and valid, the same 
as if it had been determined by a majority of the votes cast; and the 
site so selected by either of the methods above provided, shall be the 
school house site for such district. 

§ 51. [Examination of teachers — notice.] It shall be the duty 
of the county superintendents to hold meetings at least quarterly, and 
oftener if necessary, for the examination of teachers, on such days 
and at such places in the respective counties as will, in their opinion, 
accommodate the greatest number of persons desiring such examina- 
tion. Notice of such meetings shall be published a sufficient length 
of time, in at least one newspaper of general circulation, the expense 
of such publication to be paid out of the school fund. The county 
superintendent shall, in no case, exact or receive any fee for certifi- 
cates. 

§ 52. [Teachers — qualifications — when pay allowed, etc] No 
teacher shall be entitled to any po.rtion of the common school or 
township fund, or other public fund, or be employed to teach any 
school under the control of any board of directors of any school dis- 
trict in this State, who shall not at the time of his employment, have 
a certificate of qualification, obtained under the provisions of this act, 
entitling him to teach during the entire term of his contract; nor shall 
any teacher be paid any portion of the school or public fund aforesaid, 
unless he shall have kept and furnished schedules as herein directed, 
and shall have satisfactorily accounted for the books, apparatus and 
other property of the district that he may have taken in charge. 

§ 53. [Schedules — form — certificate.] Teachers shall keep cor- 
rect daily registers of their schools, which shall exhibit the name, age 
and attendance of each pupil, the day of the week, the month and 
the year. Said register shall be as nearly as may be in the following 
form, the absence of each scholar being signified by a mark, the 
presence by a blank viz: 



300 SCHOOLS. 



by this act, before being so issued, negotiated and sold, shall be reg- 
istered, numbered, and countersigned by the school treasurer of the 
township wherein the school house of such district is, or is to be 
located. Such register shall be made in a "bond register" book to be kept 
for that purpose, and in this register shall first be entered the record 
of the election, authorizing the directors to borrow money, and then 
a description of the bonds issued by virtue of such authority, as to 
number, date, to whom issued, amount, rate of interest, and when due. 
All moneys borrowed under authority granted by this section shall be paid 
into the school treasury of the township wherein the bonds issued therefor 
are required to be registered and upon receiving said moneys, the 
treasurer shall deliver the bond or bonds issued therefor, to the parties 
entitled to receive the same, and shall credit the funds received to the 
district issuing the bonds, and shall enter in the "bond register," the 
exact amount received for each and every bond issued, and when any 
such bonds are paid, the township treasurer shall cancel the same, and 
shall enter in the "bond register," against the record of such bonds 

the words, "Paid and cancelled this . . . day of 

A. D. . . ," filling the blanks with the day. month and year, cor- 
responding with the date of such payment. 

§ 48. [Corporate name of directors — quorum — liability — duties 
— not to remove school house, etc., except.] The directors 
of each district are hereby declared a body politic and cor- 
porate by the name of "School Directors of District No. . , Town- 
ship No. . . . , County of ... , and State of Illinois," and by 
that name may sue and be sued in all courts and places whatever. 
Two directors shall be a quorum for business. The directors shall be 
liable as directors for the balance due teachers, and for all debts 
legally contracted. They shall establish and keep in operation, for at 
least one hundred and ten days of actual teaching in each year, with- 
out reduction by reason of closing schools upon legal holidays, or 
for any other cause, and longer if practicable a sufficient number of 
free schools for the accommodation of all children in the district over 
the age of six and under twenty-one years, and shall secure to all 
such children, the right and opportunity to an equal education in such 
free schools. They shall adopt and enforce all necessary rules and reg- 
ulations for the management and government of the schools, and shall 
visit and inspect the same, from time to . time, as the good of the 
schools may require. They shall appoint all teachers, fix the amount 
of their salaries, and may dismiss them for incompetency, cruelty, neg- 
ligence, immorality, or other sufficient cause. They shall have power 
to assign pupils to the several schools. They shall direct what branches 
of study shall be taught and what text books and apparatus shall be 
used in the several schools, and strictly enforce uniformity of text 
books therein, but shall not permit text books to be changed oftener 
•than once, in four years. They may suspend or expel pupils for in- 
corrigibly bad conduct, and no action shall lie against them for such 
expulsion or suspension; and may provide, that children under twelve 
(12) years of age shall not be confined in school more than four hours 
daily. It shall not be lawful for a board of directors to purchase or 



SCHOOLS. 301 



locate a school house site, or to purchase, build, or move a school 
house, or to levy a tax to extend schools beyond nine months, with- 
out a vote of the people at an election called and conducted as re- 
quired in the forty-second section of this act; a majority of the votes 
cast shall be necessary to authorize the directors to act: Provided, 
that if no one locality shall receive a majority of all the votes cast 
at such election, the directors may if in their judgment the public inter- 
ests require it, proceed to select a suitable school house site; and the 
site so chosen by them, shall, in such case, be legal and valid, the same 
as if it had been determined by a majority of the votes cast; and the 
site so selected by either of the methods above provided, shall be the 
school house site for such district. 

§ 51. [Examination of teachers — notice.] It shall be the duty 
of the county superintendents to hold meetings at least quarterly, and 
oftener if necessary, for the examination of teachers, on such days 
and at such places in the respective counties as will, in their opinion, 
accommodate the greatest number of persons desiring such examina- 
tion. Notice of such meetings shall be published a sufficient length 
of time, in at least one newspaper of general circulation, the expense 
of such publication to be paid out of the school fund. The county 
superintendent shall, in no case, exact or receive any fee for certifi- 
cates. 

§ 52. [Teachers — qualifications — when pay allowed, etc.] No 
teacher shall be entitled to any portion of the common school or 
township fund, or other public fund, or be employed to teach any 
school under the control of any board of directors of any school dis- 
trict in this State, who shall not at the time of his employment, have 
a certificate of qualification, obtained under the provisions of this act, 
entitling him to teach during the entire term of his contract; nor shall 
any teacher be paid any portion of the school or public fund aforesaid, 
unless he shall have kept and furnished schedules as herein directed, 
and shall have satisfactorily accounted for the books, apparatus and 
other property of the district that he may have taken in charge. 

§ 53. [Schedules — form — certificate] Teachers shall keep cor- 
rect daily registers of their schools, which shall exhibit the name, age 
and attendance of each pupil, the day of the week, the month and 
the year. Said register shall be as nearly as may be in the following 
form, the absence of each scholar being signified by a mark, the 
presence by a blank viz: 



302 



SCHOOLS. 



Register of a common school kept by A. B. at . . . . , in dis- 
trict number . in township number . , range . . of the 

. principal meridian, in the county of in the 

State of Illinois: 



Names and Ages of Scholars Attending 
Sohool. 


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Names. 


Age. 






10 
13 
16 
18 


15 

11 




20 
IS 











Grand total number of days. 





Males. Females. 






2 


2 


4 








3, 2 







Said registers shall be furnished to the teachers by the school di- 
rectors; and each teacher shall at the end of his term of school return 
his register to the clerk of the school board of the district. Teachers 
shall made [make] schedules of the names of all scholars under twenty-one 
years of age, attending their schools, in the form prescribed by this 
act; and when scholars reside in two or more districts, townships or 
counties, separate schedules shall be kept for each district, township 
or county; the schedule to be made and returned by the teacher snail 
be, as near as circumstances will permit, in the following form, viz: 



SCHOOLS. 



303 



Schedule of a common school kept by at in district 

number...., in township number...., range number...., of the 

....principal meridian, in the county of , in the State of 

Illinois. Names and ages of scholars residing in district number 
. . . . , in township number . . . . , north, range . . . . , west, . . . . , county, 
who have attended my school during the month of . . . ., 18. . . ., 



Names . 



Days 

attended. 



John Smith 

Isaac Meslier... 
Sarah Danforth 
Mary Newman . 



Grand total number of days attendance 



18 



64 





Males. 


Females 


Total. 




2 


g 


4 




3 3 







And said teachers shall add up the whole number of days attendance 
of each scholar and make out the grand total number of days attend- 
ance. 

He shall also note the whole number of scholars, giving the males 
and females separately; the average daily attendance; and shall set 
the age of each pupil, opposite the name of said pupil, as in the form 
above prescribed, and shall attach thereto, his certificate, which shall 
be in the following form, viz: 

"I certify that the foregoing schedule of scholars attending my school, 
as therein named, and residing as specified in said schedule, to the 
best of my knowledge and belief, is correct. 

A. B. Teacher." 

When the teacher shall have completed his or her schedule or 
schedules, as above required, he or she shall deliver it to some one 
of the directors, who shall give the teacher a receipt for the same; 
and it shall be the duty of said director, in connection with one other 
director of the board to carefully examine such schedule or schedules, 
and after correcting all errors, if they shall find such schedule to have 
been kept according to law, they shall certify to the same as near as 
practicable, in the following form, viz: 



STATE OF ILLINOIS 
County 



SS. 



We, the undersigned, directors of in township number , 

range number in the county aforesaid, certify that we have ex- 
amined the foregoing schedule and find the same to be correct, and 
that the school was conducted according to law; that there is now 

due said C. D., teacher, as per contract, the sum of dollars.... 

cents, for which an order is issued bearing even date with this cer- 
tificate, and that the said teacher has a legal certificate of grade, 



304 SCHOOLS. 



and that the property of the district, in charge of such teacher has 
been satisfactorily accounted for. 

Witness our hands this day of 18 . . 



Directors. 



Teachers wages are hereby declared due and payable monthly; 
and upon certifying to the schedule as aforesaid, the directors shall 
at once make out and deliver to the teaoher an order upon the town- 
ship treasurer for the amount named in the schedule; which order 
shall state the rate at which the teacher is paid according to his 
contract; the limits of the time for which the order pays, and that 
the directors have duly certified a schedule covering this time. But 
it shall not be lawful for the directors to draw an order until they 
have duly certified to the schedule; nor shall it be lawful for the di- 
rectors after the date for filing schedules in April and October, to 
certify any schedule that covers any time prior to such dates nor to 
draw an order upon the township treasurer in favor of any teacher 
for the time covered by such schedule. If any order drawn for the 
the payment of a teacher is presented to the township treasurer for 
payment, and is not paid for want of funds, the treasurer shall 
make a written statement over his signature by an endorsement upon 
such order, with date showing such presentation and non-payment, 
and shall make and keep a record of such endorsement. Such order 
shall thereafter draw interest at the rate of eight per cent, per an- 
num until paid or until the treasurer shall in writing notify the clerk 
of the board of directors that he has funds to pay such order; and of 
said notice the treasurer shall make and keep a record; and after giv- 
ing such notice, he shall hold the funds necessary to pay such order 
until it is presented for payment, and such order shall draw no inter- 
est after the giving of said notice to said clerk of the board. 

§ 54. [Schedules delivered to township treasurer — school 
month — lost time.] Schedules made and certified as aforesaid, shall, 
at least two days before the first Monday in April and October, be 
delivered by the directors to the township treasurer; and the directors 
shall be personally liable to the teacher and the district for any loss 
sustained by either, by their failure to examine and deliver to the 
township treasurer all schedules within the time fixed by law. The 
school month shall be the same as the calendar month; but teachers 
shall not be required to teach upon Saturdays, legal holidays — those be- 
ing New Years, Fourth of July and Christmas — and thanksgiving and 
fast days appointed by the National or State authority; nor shall 
they be required to make up the time lost by closing school upon such 
days or upon such special holidays as may be granted the schools by 
the board of directors. 

§ 55. [Duties of township treasurer — bond.] The township 
treasurer, appointed by the board of trustees, shall, before entering 
upon his duties, execute a bond, with two or more freeholders, who 
shall not be members of the board, as securities, payable to the board 



SCHOOLS. 305 



of the township for which he is appointed treasurer, with a sufficient 
penalty to cover all liabilities which may be incurred, conditioned 
faithfully to perform all the duties of township treasurer, in township 
. . , range . . , in . . county, according to law. The bond 
shall be approved by at least a majority of the board, and shall be 
delivered by one of the trustees, to the county superintendent of the 
proper county. And in all cases where such treasurer aforesaid is to 
have the custody of all bonds, mortgages, moneys and effects denom- 
inated principal and belonging to the township for which he is ap- 
pointed treasurer, the penalty of said treasurer's bond shall be twice 
the amount of said bonds, notes, mortgages, moneys and effects; and 
shall provide for the faithful accounting for, and turning over, of all 
such bonds, notes, mortgages, moneys and effects, as shall come into 
his hands while he may act as such treasurer under such appointment 
to his successor, when appointed and qualified, as herein provided, by 
giving bond. The penalty of said bond shall be increased from time to 
time, as the increase of the amount of notes, bonds, mortgages and effects 
may require, and whenever in the judgment of the trustees or county 
superintendent, the security is insufficient. Any and every township treas- 
urer appointed subsequent to the first, as herein provided, shall execute 
bond with security, as is required of the first treasurer. The bond 
required in this section shall be in the following form, viz: 

STATE OF ILLINOIS, ) 

n - 88.: 

Know all men by these presents, that we A. B., C. D., and E. F. 
are held and firmly bound, jointly and severally, unto the board of 
trustees of township . . , range . . , in said county, in the penal sum 
of . . dollars, for the payment of which we bind ourselves, our 
heirs, executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this 
. . . day of . . . . , A. D. 18 . 

The condition of the above obligation is such, that if the above 
bounden A. B., township treasurer of township . . . . , range 
. . , in the county aforesaid, shall faithfully discharge all the duties 
of said office, according to the laws which now are, or may hereafter 
be in force, and shall deliver to his successor in office, after such suc- 
cessor shall have fully qualified, by giving bond as provided by law, 
all moneys, books, papers, securities and property which shall come into 
his hands or control, as such township treasurer, from the date of this 
bond up to the time that his successor shall have duly qualified as 
township treasurer, by giving such bond as shall be required by law, 
then this obligation to be void; otherwise to remain in full force and 
virtue. 

Approved and accepted by 

G. H. ) " A. B. [seal.] 

L. J. [ Trustees. CD. [seal.] 

K. L. ) E. F. [seal.] 

§,57. [Loan t s — securities. | Township treasurers shall loan, upon 
the following conditions, all moneys which shall come to their hands 



306 SCHOOLS. 



by virtue of their office, except such as may be subject to distribution. 
The rate of interest shall not be less than six per cent., nor more than 
eight per cent, per annum; the rate of interest to be determined by 
a majority of the township trustees, at any regular or special meeting 
of their board. No loans shall be made for less than six months, or 
more than five years. For all sums not exceeding one hundred dol- 
lars, loaned for not more than one year, two responsible sureties shall 
be given; for all sums over one hundred dollars, and for all loans for 
more than one year, security shall be given by mortgage on real es- 
tate, unincumbered, in value double the amount loaned, with a condi- 
tion that in case additional security shall at any time be required, the 
same shall be given to the satisfaction of the board of trustees for the 
time being: Provided, that nothing herein shall prevent the loaning 
of township funds to boards of school directors, taking bonds therefor, 
as provided in section forty-seven (47) of this act. Notes, bonds, 
mortgages and other securities taken for money or other property, 
due or to become due to the board of trustees for the township, 
shall be payable to the said board by their corporate name; and in 
such name, suits, actions and complaints, and every description of le- 
gal proceedings may be had for the recovery of money, the breach of 
contracts, and for every legal liability which may at any time arise or 
exist, or upon which a right of action shall accrue to the use of this 
corporation: Provided, however, that notes, bonds, moitgages and other 
securities in which the name of the county superintendent or of the 
trustees of schools are inserted, shall be valid to all intents and pur- 
poses; and suit shall be brought in the name of the board of trustees 
as aforesaid. The wife of the mortgagor (if he has one) shall join in 
the mortgage given to secure the payment of money loaned by virtue 
of the provisions of this act. When there is a surplus of funds in 
the treasurers hands belonging to any school district, he may loan the 
same for the use and benefit of said district, upon the written request 
of the directors of such district, and not otherwise; and all such loans 
shall be on the same conditions as are prescribed in this section for 
the loaning of township funds. 

§ 63. [Treasurer to account semi-annually to trustees.] On 
the first Mondays of April and October, of every year, the township 
treasurer shall lay before the board of trustees a statement showing 
the amount of interest, rents, issues and profits that have accrued or 
become due since their last regular half yearly meeting, on the town- 
ship lands and township funds, and also the amount of State and county 
fund interest on hand. He shall also lay before the said trustees all 
books, notes, bonds, mortgages and all other evidences of indebted- 
ness belonging to the township, for the examination of the trustees, 
and shall make such other statement as the board may require touch- 
ing the duties of his office. He shall make out, annually, and present 
to the board of trustees at their meeting succeeding the annual elec- 
tion, a complete exhibit of the fiscal affairs of the township and of the 
several districts or parts of districts in the township, showing the re- 
ceipts of moneys, and the sources from which they have been derived, 
and the deficit and delinquencies, if there be any, and the cause, as 
well as a classified, statement of moneys paid out, and amount of ob- 



SCHOOLS. 307 



ligations remaining unpaid. And he shall within two days after the 
first Monday of April and of October in each year make out for each 
district or part of district in the township, a statement or exhibit of 
the exact condition of the account of such district or part of district; 
which statement or exhibit shall show the balance at the time of 
making the last exhibit and the amount received since up to the time 
of making the exhibit and when and from what source received; it 
shall also show the amount paid out during the same time, to whom 
paid and for what purpose; it shall be balanced and balance shown. 
The exhibit shall be subscribed and sworn to by the treasurer before 
any officer authorized to administer an oath, and shall then, by the 
treasurer be, without delay, delivered or transmitted by mail, to the 
clerk of the board of directors of the proper district, and it shall be 
the duty of said clerk upon receiving such exhibit, to enter the same 
upon the records of the district; and at the next annual election of 
director thereafter the directors shall cause a copy of such exhibits to 
be posted up at the front door where such election is held: Provided, 
that the first exhibit, made under the requirements of this act, shall 
be made within two days after the first Monday of October, 1879, 
and shall commence with the balance on the first Monday in April 
]879. And for a failure on the part of the treasurer, clerk of any board 
of directors, or any director to comply with any of the requirements of this 
section, required of him, he shall be liable to penalty of not less 
than five dollars nor more than fifty dollars, to be recovered before 
any justice of the peace of the county in which the offense is com- 
mitted: Provided, further, that it shall be the duty of said treasurer 
to comply with any demand the said trustees may make as to the 
verification of any balance reported to be on hand.''' 

§ 67. [Payment from funds on order of directors.] School funds 
collected from special taxes, levied by order of school directors, or 
from the sale of property belonging to any district, shall be paid out 
on the order of the proper board of directors; and all other moneys 
and school funds, liable to distribution, paid into the township treas- 
ury or coming into the hands of the township treasurer, shall, after said 
funds have been apportioned by the township trustees, as required in 
section thirty-four (34) of this act, be paid out only on the order of 
the proper board of directors, signed by the president and clerk of 
said board, or by a majority of such board. But when a district is 
composed of parts of two or more townships, the township treasurer or 
treasurers who do not receive the tax money of said district, shall, 
when they hold any funds belonging to said district, notify the directors 
thereof of the amount of such funds; and the directors shall thereupon 
give the treasurer who receives the tax money of said district, an order 
for such funds, and upon receipt thereof he shall hold them to be paid 
out as aforesaid. For all payments made, receipts shall be taken and 
filed. In all such orders shall be stated the purpose for which, or on 
what account drawn. Said orders may be in the following form, viz: 

The treasurer of . . , township No. . . , Range No. . , in 
. . , county, will pay to . . . , or bearer . . , dollars and 
. . , cents (on his contract for repairing school house, or whatever 
the purpose may be). 



3(78 SCHOOLS. 



By order of the board of directors of district No. . . , in said town- 
ship. 

A. B., President. 
C. D., Clerk. 

Which order, together with the receipt of the person to whom paid, 
shall be filed in the office of the township treasurer: Provided, that 
when an order is paid in full, such order, if properly endorsed by the 
person in whose favor it was drawn and his assigns, if any, or by the 
person to whom paid, if drawn payable to bearer, shall be a sufficient 
receipt for the purposes of this section. 

§ 79. [Not to affect schools in certain cities — duties of board 
of education.] This act shall not be so construed as to repeal or change, 
in any respect, any special acts in relation to schools in cities having 
less than one hundred thousand inhabitants, or incorporated towns, 
townships or districts, except that it shall be the duty of the several 
boards of education or other officers of any city or incorporated town, 
township or district, having in charge schools under the provisions of 
any of the said special acts, or of any ordinance of any city or incor- 
porated town, on or before the fifteenth day of August preceding each 
regular session of the General Assembly of this State, or annually, if 
required so to do by the State Superintendent, to make out and render 
a statement of all such statistics and other information in regard to 
schools, and the enumeration of persons, as is required to be com- 
municated by township boards of trustees or directors under the pro- 
visions of this act, or so much thereof as may be applicable to said 
city or incorporated town, to the county superintendent of the county 
where such city or incorporated town is situated, or of the county in 
which the larger part of such city or town is situated; nor shall it be 
lawful for the county superintendent or any other officer or person, to 
pay over any portion of the common school fund to any local treas- 
urer, school agent, clerk, board of education, or other officer or person 
of any township, city or incorporated town unless a report of the 
number of persons, and other statistics relative to schools, and a state- 
ment of such other information as is required of the boards of trus- 
tees or directors, as aforesaid, and of other school officers and teachers, 
under the provisions of this act, shall have been filed at the time or 
times aforesaid, specified in this section, with the superintendent of 
schools of the proper county as aforesaid. It shall also be the duty of 
the president, principal or other proper officer of every organized uni- 
versity, college, seminary, academy, or other literary institution, here- 
tofore incorpoiated, or hereafter to be incorporated in this State, to 
make out or cause to be made out and forwarded to the office 
of the superintendent of public instruction, on or before the 
fifteenth day of August, in each year, a report setting forth 
the amount and estimated value of real estate owned by the 
corporation; the amount of other funds and endowments, and 
the yearly income from all sources; the number of instructors; the 
number of students in the different classes; the studies pursued and 
the books used; the course of instruction; the terms of tuition, and 
such other matters as may be specially requested by said super- 
intendent, or as may be deemed proper by the president or principal 



SCHOOLS. 309 



of such institutions, to enable the superintendent of public instruction 
to lay before the legislature a fair and full exhibit of the affairs and 
conditions of said institutions, and of the educational resources of the 

State. 



Approved June 3d, 1879. 



SCHOOL FOR GIRLS-INDUSTRIAL. 

$ 1. Corporation — how organized. I ji 8. Fees for conveying to school. 

§ 2. Object— how school maintained. 8 9. Clothing- to be provided. 

§ 3 Enforcement of act— petition. 8 10. Officers of schools— duties— powers. 

$ 4. Writ to issue— trial by jury. § 11. Adoption. 

S 5. Judgment— appointment of guardian ' § 12. No imbecile, etc., admitted. 

5 6. Warrant of commitment. j § 13. Discharge from school. 

§ 7. Receipt endorsed on warrant. | § 14. Visitation, etc. 

An Act to aid industrial schools for girls. Approved May 28, 1879, 
In force July 1, 1879. 

Section 1. [Corporation — how organized.] Be it enacted by the 
People of the State of Illinois, represented in the General Assembly , 
That any seven or more persons, residents of this State, a majority of 
whom are women, who may organize, or have organized, under the 
general laws of the State, relating to corporations, for the purpose of 
establishing, maintaining and carrying on an Industrial School for 
Girls, shall have under the corporate names assumed, all the powers, 
rights and privileges of corporations of this State, not for pecuniary 
profit, and shall be, and hereby are exempted from all State and local 
taxes: Provided, however, that any persons organized, or who may 
hereafter organize as above set forth, desiring to avail themselves of 
the provisions of this act, shall first obtain the consent of the Gov- 
ernor thereto, in writing, which consent must be filed in the office of 
the Secretary of State. 

§ 2. [Object — how school maintained.] The object of Industrial 
Schools for Girls shall be to provide a home and proper training school 
for such girls as may be committed to their charge; and they shall 
be maintained by voluntary contributions, excepting as hereinafter pro- 
vided. 

§ 3. [Enforcement of act — petition.] Any responsible person 
who has been a resident of any county in this State, one year next 
preceding the time at which the petition is presented, may petition 
the county court of said county to inquire into the alleged dependency 
of any female infant then within the county, and every female infant 
who comes within the following descriptions shall be considered a de- 
pendent girl, viz: 

Every female infant who begs or receives alms while actually selling, 
or pretending to sell any article in public; or who frequents any street, 
alley or other place, for the purpose of begging or receiving alms; or, 



310 SCHOOLS. 



who having no permanent place of abode, proper parental care, or 
guardianship, or sufficient means of subsistence, or who for other cause 
is a wanderer through streets and alleys, and in other public places; 
or, who lives with, or frequents the company of, or consorts with re- 
puted thieves, or other vicious persons; or who is found in a house 
of ill-fame, or in a poor house. 

The petition shall also state the name of the father of the infant, 
if living, or if dead, the name of the mother; and if neither the father 
nor mother of the infant be living, or to be found in the county, then 
the name of the guardian, if there be one. If there be a parent liv- 
ing, or a guardian, the petition shall set forth not only the depen- 
dency of the infant, but shall also show that the parent or guardian 
is not a fit person to have the custody of such infant. Such petition 
shall be verified by oath, and upon being filed, the judge of said 
court shall have the female infant, named in the petition, brought be- 
fore him for the purpose of determining the application in said peti- 
tion contained, and for the hearing of such petitions the county court 
shall be considered always open. 

§ 4. [Writ to issue — trial by jury,] Upon the filing of such 
petition, the clerk of the court shall issue a writ to the sheriff of the 
county, directing him to bring such infant before the court to order 
a jury of six to be summoned, to ascertain whether such infant is a 
dependent, as alleged in such petition, and also to find if the other 
allegations, are true, and if found to be such, they shall also find her 
age in their verdict, and when such infant shall be without counsel, 
it shall be the duty of the court to assign counsel for her; and if the 
jury finds that the infant named in the petition is a dependent girl, 
and that the other material facts set forth in the petition are true, and 
if, in the opinion of the judge, she is a fit person to be sent to an 
Industrial School for Girls, the judge shall enter an order that such 
infant be committed to an Industrial School for Girls in the county, 
if there be such school in the county; but if there be no such school 
in the county, then to any Industrial School for Girls, elsewhere in 
the State, to be in such school kept and maintained until she arrives 
at the age of eighteen years, unless sooner discharged therefrom in the 
manner hereinafter provided. Before the hearing aforesaid, notice 
shall be given to the parent or guardian of the infant, if to be found 
in the county, of the proceedings about to be instituted, and they may 
appear and resist the same. 

§ 5. [Judgment — appointment of guardian.] If the court finds 
as in the preceding section, it shall further order of record, that such 
infant has no guardian; or that her guardian or parent is not a fit 
person to have the custody of such infant, as the case may be, and 
the court may thereupon appoint the president or any one of the vice- 
presidents of such Industrial School the lawful guardian of such in- 
fant, and no bond shall be required of such guardian, and such guar- 
dian shall permit such infant to be placed under the care and in the 
custody of such Industrial School for Girls as hereinafter provided. 

§ 6. [Warrant of commitment.] A warrant shall thereupon be 
issued in duplicate by the clerk to some suitable person, a resident of 



SCHOOLS. 31.1 



the county, to be designated by the judge, authorizing him or her to 
take in charge and care, the dependent girl named in said order of 
the court, and convey her to the Industrial School for Girls to which 
she is to be committed, and said warrant shall be substantially as fol- 
lows: 

STATE OF ILLINOIS, ) gg 

County. J 

The people of the State of Illinois to ... , You are hereby 
authorized to take forthwith into your charge and care . . , aged 
. . years, who has been declared a dependent girl, and convey her 
to the . . (as the case may be) Industrial School for girls, and of 
this warrant you are commanded to make due return to this court 
after its execution. 

Witness may hand and the seal of the county court of . . coun- 
ty, this . . day of . . . A. D. 

(Seal of Court.) 

Clerk of the county court of . . county. 

This warrant, with the receipt therein, shall be returned to the clerk, 
to be filed by him with the other papers relating to the case, and this 
warrant shall be a sufficient and competent authority for the proper 
officers and agents of the Industrial School for Girls, to which it is 
directed to receive, keep and detain the person therein named, and a 
duplicate copy thereof shall be delivered to the matron or other proper 
officer of such school, to be kept at the school by such matron or 
other proper officer, which duplicate shall have thereon a full copy of 
all endorsements made upon the one returned to court, and be record- 
ed by her in a book kept for that purpose, and said book shall always be 
open to the inspection of any person. 

§ 7. | Receipt endorsed on warrant.] Upon receiving the de- 
pendent girl, the matron of the school shall endorse upon the warrant 
referred to in the preceding section a receipt, as follows: 

(as the case may be) Industrial School for Girls. 

Received this . . . day of ... A. D. ... , the girl 
name in this warrant. 

Matron. 

(seal of school.) 

§ 8. [Fees for conveying to school.] The fees for conveying a 
dependent girl to an Industrial School for Girls, shall be the same 
as conveying a juvenile offender to the Reform School for Juvenile 
Offenders, at Pontiac, in this State, and they shall be paid by the 
counties from which such dependent girls are sent, unless they are paid 
by the parent or guardian. 

§ 9. [Clothing to be provided — parent or guardian to pay 
for, when — allowance for support, etc.] It shall be the duty of 
the county judge to see that every dependent girl committed by him 
to an Industrial School for Girls, shall, at the time she is conveyed 



312 SCHOOLS. 



to the school, be furnished with three chemises, three pairs of woolen 
stockings, one pair of shoes, two woolen petticoats or skirts, three 
good dresses, a cloak or shawl, and a suitable bonnet. The expense 
of said clothing shall be paid out of the county treasurer upon the 
certificate of the county judge. But if the dependent girl have a 
parent or guardian, the court shall render judgment against him for 
the amount to be paid the county for such clothing, together with 
cost of collection; and if such expenses and cost of collection are 
recovered the money shall be paid into the county treasury. For 
the tuition, maintenance and care of dependent girls, the county from 
which they are sent shall pay to the Industrial School for Girls to which 
they may be committed, as follows: 

For each dependent girl under the age of ten years, ten dollars per 
month. 

For each dependent girl ten years and under fourteen years of age, 
ten dollars per month. 

For each dependent girl fourteen and under eighteen years of age, 
ten dollars per month. And upon the proper officer rendering proper 
accounts therefor, quarterly, the county board shall allow and order 
the same paid out of the county treasury: Provided, that no charge 
shall be made against any county by any Industrial School for Girls 
on account of any dependent girl in the care thereof who has been 
by said school put out to a trade or employment in the manner here- 
inafter provided. 

§ 10. [Officers of schools — duties — powers.] The officers and 
trustees of any Industrial School for Girls in this State, shall receive 
into such school all girls committed thereto under the provisions of 
this act, and shall have the exclusive custody, care and guardianship 
of such girls. They shall provide for their support and comfort; 
instruct them in such branches of useful knowledge as may be suited to 
their years and capacities, and shall cause them to be taught in domestic 
avocations, such as sewing, knitting, and housekeeping in all its de- 
partments. And for the purpose of their education and training, and 
that they may assist in their own support, they shall be required to 
pursue such tasks suitable to their years and sex, as may be prescrib- 
ed by such officers and trustees. 

§ 11. [Adoption.] Any girl committed under the provisions of 
this act to an Industrial School for Girls, may by the officers and 
trustees of said school be placed in the home of any good citizen 
upon such terms and for such purpose and time as may be 
agreed upon, or she may be given to any suitable person of good 
character who will adopt her, or she may be bound to any reputable 
citizen as an apprentice to learn any trade, or as a servant to follow 
any employment which, in the judgment of said officers and trustees, 
will be for her advantage; and all and singular of the provisions of 
the act entitled "An act to revise the law in relation to apprentices," 
approved February 25, 1874; in force July 1, 18*74, in so far as they 
are applicable, shall apply to and be binding upon such officers and 
trustees, upon such girl and upon the person to whom such girl is 
bound: Provided, that any disposition made of any girl under this 



SCHOOLS. 313 



section shall not bind her beyond her minority; And, 'provided, 
further, that such officers and trustees shall have a supervising care 
over such girl to see that she is properly treated and cared for; and 
in case such girl is cruelly treated, or is neglected, or the terms upon 
which she was committed to the care and protection of any person 
are not observed, or in case such care and protection shall for any 
reason cease, then it shall be the duty of such officers and trustees 
to take and receive such girl again into the custody, care and 
protection of said industrial school. 

£ \-2. [No imbecile, etc., GIRL admitted.] No imbecile, or idiotic 
girl, or one incapacitated for labor, nor any girl having any infectious, 
contagious, or incurable disease, shall be committed or received into 
any Industerial School for Girls in this State. 

§ 13. [Discharge from school.] Any girl committed to an Indus- 
trial School for Girls, under the provisions of this act, may be 
discharged therefrom at any time, in accordance with the rules thereof, 
when in the judgment of the officers and trustees, the good of the 
girl or good of the school, would be promoted by such discharge, 
and the Governor may at any time order the discharge of any girl 
committed to an industrial school under the provisions of this act. 

§ 14. [Visitation, etc., bv board op state commissioners of pub- 
lic charities.] All Industrial Schools for Girls in this State, shall be 
subject to the same visitation, inspection and supervision of the Board of 
State Commissioners of Public Charities, as the charitable and penal 
institutions of the State, and avoiding as far as practicable, sectarianism; 
suitable provisions shall be made for the moral and religious instruc- 
tion of the inmates of all Industrial Schools for Girls in this State. 
But no such industrial school shall receive an appropriation from the 
State for any purpose, and any school receiving an appropriation from 
the State shall not have the benefit of the provisions of this act. 

Approved May 28th, 1879. 



314 STATE HOUSE COMMISSIONERS. 



STATE HOUSE COMMISSIONERS. 



§ 1. Office abolished. 

§ 2. To pay over money and deliver 

books, etc. 
§ 3. Books, etc., delivered to Secretary 

of State. 



§ 4. Treasurer to deliver money, books, 

etc. 
§ 5. Auditor to adjust books, etc. 
§ 6. Report by Auditor. 
§ 7. Emergency. 



An Act to abolish the office of State House Commissioners. Approved 
and in force May 24, 1879. 

Section 1. [Office abolished.] Be it enacted by the People of the 
State of Illinois, represented in the General Assembly, That the office 
State House Commissioners, created by an act entitled "An Act to amend 
an act to provide for the erection of a new State House," approved 
February 25, 1867, and to amend an act supplemental to an act to 
provide for the erection of a new State House, approved February 25, 
1867, approved March 11, 1869, be and the same is hereby abolished. 

§ 2. [Turn over money, books, etc.] The Board of State House 
Commissioners shall, as soon as this act shall take effect, pay over 
and deliver to the Treasurer of this State all moneys in their posses- 
sion belonging to or in any manner connected with the State House 
fund; and shall in like manner deliver to the Auditor of Public Ac- 
counts, the books, papers and vouchers belonging to or in any way 
connected with the State House Commissioners, to be filed and pre- 
served in his office. 

§ 3. [Secretary to deliver books, etc.] The Secretary of said 
Board of State House Commissioners shall deliver to the Secretary of 
State all books, papers, vouchers and all property in his possession 
belonging to the State. 

§ 4. [Treasurer to turn over money, books, etc.] The Treas- 
urer of said Board of State House Commissioners shall in like manner 
deliver and pay over to the Treasurer of this State, all moneys in his 
hands belonging to, or in any way connected with the new State House 
fund; and the records of the acts and doings of the said State House 
Commissioners, as well as all books, papers and vouchers having rela- 
tion to the new State House fund, either as treasurer or otherwise, 
the said treasurer shall deliver to the Auditor of Public Accounts to 
be preserved as above. 

§ 5. [Auditor to examine and adjust books, etc.] The Auditor of 

Public Accounts, Attorney General and Treasurer of this State shall 

immediately after filing said papers, books, vouchers &c, proceed to 
examine and adjust the same. 

§ 6. [Report by auditor.] It shall be the duty of the Auditor 
of Public Accounts, Attorney General and Treasurer to make and re- 
port a detailed statement of their proceedings herein to the next Gen- 
eral Assembly of this State. 

§ 7. [Emergency.] Whereas there is no duty for said Commis- 
sioners to discharge, therefore an emergency exists, and this act shall 
take effect from and after its passage. 

Approved May 24th, 1879. 



STATUTES TOLL BRIDGES. 31 5 



STATUTES. 



REPEAL. 
§ 1. Act repealed. 

An Act to repeal an act entitled "An Act in relation to certain fines 
and penalties in Cook county , ," approved February 23, 1867/ in force 
February 23, 1867. Approved May 31, 1879. In force July 1, 1879. 

Section 1. Be it enacted by the People of the /State of Illinois, rep- 
resented in the. General Assembly, Thai an act entitled "An Act in re- 
lation to certain tines and penalties in Cook county," approved Feb- 
ruary 23, 1867, and in force February 23, 1867, be and the same is 
hereby repealed. 

Approved May 31st, 1879. 



TOLL BRIDGES. 



§. 13. Injuring? or ruining' gate. 

An Act to amend section thirteen of an act entitled "An act to revise 
the law in relation to Toll Bridges" approved March 23, 1874, in 
force July J, 1874. Approved May 28,1879. In force July 1,1879. 

Section 1. Be it enacted by the People of the State of Illinois, rep- 
resented in the General Assembly, That section thirteen of an act en- 
titled "An Act to revise the law in relation to toll "bridges," approved 
March 23, 1874, in force July 1, 1874, be amended so as read as 
follows: 

§ 13. [Injuring or ruining gate. J Every person who shall wil- 
fully break, throw, draw or injure any gate erected on any toll bridge, 
or shall forcibly or fraudulently pass over any such bridge without 
having first paid or tendered the legal toll, or shall ride any horse or 
mule, or drive any team faster than a walk over such toll bridge, 
shall be deemed guilty of a misdemeanor, and upon conviction shall 
be fined, in addition to the damage resulting from such wrongful act, 
in any sum not exceeding ten dollars, and in default of payment thereof, 
shall be committed to the county jail until said fine and costs are 
paid. 

Approved May 28th, 1879. 



316 TOWNSHIP ORGANIZATION. 



CHANGE OF ORGANIZATION. 

§ 1. Change to county organization— poll | § 2. Emergency. 
tax. I 

As Act to authorize counties changing from township organization to 
county organization, to assess a poll tax, road labor and road toxt 
at amy meeting of the county commissioners during the first year after 
such change. Approved and in force May 28, 1879. 

§ 1. [CHANGE TO COUNTY ORGANIZATION ASSESSMENT OF POLL TAX.] 

Be it enacted by the People of the /State of Illinois, represented in the 
General Assembly, That counties changing from township organization 
to county organization, be and the same are hereby authorized to 
assess a poll-tax, road labor and road tax, for the year, at any meet- 
ing during the first year after such change is made. 

§ 2. [Emergency.] Whereas, There is no law now in force al- 
lowing counties having made such change to assess a poll-tax, road 
labor, and road tax before September, therefore, an emergency exists, 
and this act shall be in force from and after its passage. 

Approved May 28th, 1879. 



TOWNSHIP ORGANIZATION. 



S 10. Town clerk to be clerk of board 

An Act to amend article thirteen (13) of an act entitled, "An Act to 
revise the law in relation to Township Organization" approved and 
in force March Ath, 1874. Approved May 29, 1879. In force, July 
I, 'l879. 

Section. I . Be it enacted by the People of the State of Illinois, 
represented in the General Assembly, That article thirteen (13) of an 
act entitled "An Act to revise the law in relation to Township Or- 
ganization," approved and in force March 4th, 1874, be and the same 
is hereby amended by adding thereto the following section: 

§ 10. [Town clerk to be clerk of board — duties, etc.] The 
town clerk shall act as clerk of the board of town auditors, and shall 
record the proceedings of each meeting of the board in a book which 
he shall provide for that purpose at the expense of the town; such re- 
cord shall include all certificates of accounts audited by the board. 
Accounts audited shall be paid by the supervisor on presentation of 
a certificate of the town clerk, stating the amount and to whom al- 
lowed; the date when audited and on what account, which certificate 
before payment of the amount shall be countersigned by the supervisor. 

Approved May 29th, 1879. 



UNCLAIMED PROPERTY VENUE. 317 



UNCLAIMED PROPERTY. 



8 1. Title amended. | § 3. Sale of property. 

An Act to amend section three (3) of an act entitled "An Act to pro- 
vide for the sale of unclaimed 'property by common carriers, ware- 
housemen and inn-keepers,'''' approved March 28th, 1874, and to 
amend the title thereof. Approved May 13, 1879. In force July \ 7 
1879. 

§ 1. [Title amended.] Be it enacted by the People of the State 
of Illinois, represented in the General Assembly, That section three 
(3) of an act entitled "An act to provide for the sale of unclaimed 
property by common carriers, warehousemen and inn-keepers," ap- 
proved March 28, 1874, and the title of said act be and the same 
are hereby so amended as to read as follows. The title of the said act. 
shall be "An Act to provide for the sale of personal property by com- 
mon carriers, warehousemen and inn-keepers, and by others having 
liens thereon. 

§ 3. [Sale of property — notice.] All persons other than com- 
mon carriers having a lien on personal property, by virtue of an act 
entitled "An Act to revise the law of liens, approved March 25th, 187-1, 
may enforce said lien by a sale of said property, on giving to the 
owner thereof, if he and his residence be known to the person hav- 
ing such lien, ten (10) days notice, in writing of the time and place 
of such sale, and if said owner or his place of residence be unknown 
to the person having such lien, then upon his tiling his affidavit to 
that effect with the Clerk of the County Court in the county where 
said property is situated; notice of said sale may be given by publish- 
ing the same once in each week for three (3) successive weeks in 
some newspaper of general circulation published in said county, and 
out of the proceeds of said sale all costs and charges for advertising 
and making the same, and the amount of said lien shall be paid, and 
the surplus, if any, shall be paid to the owner of said property. 

Approved May 13th, 1879. 



VENUE. 



§ 21. When cause prejudice of judge. 

Aisi Act to amend section twenty-one of an act entitled, "An Act to re- 
vise the law in relation to change of venue,'''' approved March 25, 
1874, in force July 1st, 1874. Approved May 31, 1879. In force 
July 1, 1879. 

Section 1. Be it enacted by the People of the State of Illinois, 
represented in the General Assembly; That section twenty-one (21) ot 



3 18 VENUE — JOINT RESOLUTIONS. 



an act entitled, "An Act to revise the law in relation to Change of 
venue," be and the same is hereby amended to read as follows: 

§ 21. (When cause prejudice, of judge.) When the cause for 
a change of venue is the prejudice of the judge, the petition shall be 
accompanied by the affidavits of at least two reputable persons, resi- 
dent of the county, and not of kin or counsel to the applicant, stating 
that they believe the judge is so prejudiced against the applicant, that 
he cannot have a fair and impartial trial; and, thereupon, the case may 
be tried by any other of the circuit judges of the circuit in which the 
case is pending, to whom the cause alleged does not apply, and the 
venue shall not be changed from the county in which the indictment 
is found, in such case, unless it appears, from the affidavits in support 
of the motion for change of venue, that the disability alleged applies 
to all the circuit judges in the circuit. Provided, that when the case 
is pending in the criminal court of Cook county, no change of venue 
for the cause of the prejudice of the judge shall be made, except [to] 
some one of the judges authorized by law to hold said criminal court, 
other than the one who is holding said court at the time the ap- 
plication for a change of venue is made; the judge to whom such ap- 
plication for a change of venue is made shall forthwith notify two or 
more of the other judges authorized by law to hold said criminal 
court; and the judges so notified, together with the judge to whom 
such application is made shall, as soon as convenient, decide the motion, 
and if granted, select in such manner as they may deem best one of 
their number to hear said case; there shall be but one change of venue 
in such case, and the States Attorney shall have the same right as 
the defendant to apply for and obtain a change of venue from one 
judge to another. 

Approved May 31st, 1879. 



JOINT RESOLUTIONS. 



BLACK HAWK WAR. 



Whereas, The Black Hawk war forms an important incident in the 
history of the great Northwest, and 

Whereas, That war was waged on the part of the Government, to 
shield life and property, against the assailmeut of hostile savage tribes, 
and with a success alike honorable to the country, and to the hardy 
volunteers who took part in it: and 

Whereas, Now, at the end of near half a century, the few volun- 
teers surviving are, in most instances, decrepid, as well as very aged; 
and 

Whereas, A recognition by the Congress of their services, in a 



JOINT RESOLUTIONS. 319 



substantial form according to the practice of that body in such cases 
would be both acceptable and useful to them, therefore 

Resolved by the Senate of the State of Illinois, the House of Rep- 
resentatives concurring herein, that we respectfully memorialize Congress 
in favor of the passage of the bill now pending before that body, 
providing for the allowance of bounties or pensions to the soldiers of 
the Mexican and other wars so amended as that said bill shall include 
a like provision for the soldiers of the Black Hawk war. 



CANVASS OF VOTES STATE OFFICERS. 

Resolved, by the Senate, the House of Representatives concurring 
herein, That the two Houses meet in joint session in the Hall of the 
House of Representatives on Friday the 10th day of January A. D. 
18*79, at 2 -J- o'clock p. m. for the purpose of canvassing the returns of 
the election for Treasurer and Superintendent of Public Instruction. 



CHAPLAINS. 



Resolved, by the House of Representatives the Senate concurring 
herein, That there shall be paid to each of the clergymen of this City, 
who have officiated as Chaplains of the 31st General Assembly, and 
to the Hon. James Core for like services, the sum of Thirty-six dol- 
lars from the Contingent Expense Fund; the names to be divided 
equally and placed upon the pay rolls of the two houses, and certified 
by the respective presiding officers to the amount specified in this 
resolution. 



CUSTOM HOUSE AND POST OFFICE, CHICAGO. 

Whereas, The City of Chicago has suffered the loss of her Post 
Office by fire for the third time within eight years causing great loss 
to the City and General Government, and embarrassing the business 
of the entire country and 

Whereas — The New Post Office and Custom House which the 
Government has undertaken at Chicago ought to have been completed 
years ago, thereby saving to the people many thousands of dollars 
paid out for rents and interest and 

Whereas this series of calamities may be directly traced to the 
temporary nature of the premises used, and their general unsuitable- 
ness for the business of the Post Office therefore be it 



320 JOINT RESOLUTIONS. 



'Resolved by the Senate the House of Representatives) concurring 
herein that our Senators and Representatives in Congress be requested 
to urge the appropriation of a sum of money sufficient to complete 
and furnish the New Custom House and Post Office without any 
further delay. 

Resolved That the Secretary of State be authorized to transmit a 
copy of these Resolutions to each of our members of Congress. 



ELECTION OF COUNTY OFFICERS. 

Resolved by the Senate of the State of Illinois, the House of Repre- 
sentatives concurring herein, that there shall be submitted to the voters 
of this State, at the next election for members of the General Assembly, 
a proposition to so amend the eighth (8) section of the tenth (10) ar- 
ticle of the constitution of this State, so that the same may read as 
follows: "In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after the 
first Monday in November, A. D. 1 882, a County Judge, County Clerk, 
Sheriff and Treasurer, and at the election to be held on the Tuesday 
after the first Monday in November A. D. 1884, a Coroner and Clerk 
of the Circuit Court (who may be ex-offieio Recorder of Deeds, except 
in counties having 60,000 and more inhabitants, in which counties a 
Recorder of Deeds shall be elected at the general election in 1884). 
Each of said officers shall enter upon the duties of his office, respective- 
ly on the first Monday of December, after his election, and they shall 
hold their respective offices for the term of four years, and until their 
successors are elected and qualified. Provided that no person having 
once been elected to the office of Sheriff, or Treasurer shall be eligible 
to re-election to said office for four years after the expiration of the 
term for which he shall have been elected. 



ELECTION OF UNITED STATE SENATOR. 

Resolved by the Senate, the House of Representatives concurring here- 
in, that on Tuesday the 21st day of January, instant at 11 o'clock a. 
m. each House shall by itself, and in the manner prescribed by Sec- 
tions 14 and 15 of Revised Statutes of the United States of 1873, and 
1874, name a person for Senator in Congress from the State of Illi- 
nois for the term of six years from the 4th day of March, A. D. 1879, 
and on Wednesday the 22nd day of January instant at 12 o'clock 
meridian, the members of the two Houses shall convene in joint as- 
sembly in the Hall of the House of Representatives, and in the man- 
ner prescribed in said law declare the person who has received a ma- 
jority of the votes in each House, if any person has received such ma- 
jority, duly elected Senator to represent the State of Illinois in the 
Congress of the United States for the term aforesaid; and if no one 



JOIST RESOLUTIONS. 321 



person has received such majority, then proceed as prescribed in said 
law in Joint Assembly to choose a person for the purpose aforesaid. 



ILLINOIS AND MICHIGAN CANAL. 

Whereas, The Genei'al Assembly of the State, at its session in 
the year 1823, foreseeing the great future that lay before the People 
of Illinois, provided for the appointment of Commissioners to 
devise, consider and adopt such measures as might be requisite to 
effect the communication by canal and locks between the Illinois River 
and Lake Michigan; and, 

Whereas, on the 17th day of January, 1825, the General Assembly 
adopted the report of said Commissioners, and duly incorporated the 
Illinois and Michigan Canal; and Whereas, on January 20, 1826, the 
General Assembly instructed and empowered the Governor to negotiate 
for loans of money to begin and carry on the construction of said 
Illinois and Michigan Canal; and 

Whereas, The General Assembly, at its session in 1829-31 memor- 
ialized the Congress of the United States to aid by donations of land 
this important waterway; and 

Whereas, The succeeding General Assemblies did regularly and 
liberally appropriate monies, out of the State treasury in aid of said 
Illinois and Michigan Canal up to the session of 1849 when a settle- 
ment in full was had with the Trustees of said Illinois and Michigan 
Canal, which showed that a grand total of 16,557,791.50 had been 
expended by Illinois on its behalf; and 

Whereas, From that date to the present the General Assembly has 
liberally appropriated other sums, amounting in the aggregate to many 
millions of dollars more, in aid of the construction of the Illinois and. 
Michigan Canal; and 

Whereas, There exists in the minds of a large portion of the 
people of this State a grave doubt as to whether the General Assembly 
ought ever to have begun the construction of this vast national water- 
way at the expense of the people of this State; and 

Whereas, The Federal Government is regularly and liberally provid- 
ing for the construction of waterways not nearly so necessary for the pro- 
motion of the arts of peace, or for being transformed into lines of defense 
in time of war, as would prove this Illinois and Michigan Canal when 
enlarged and deepened into a ship canal; therefore, be it 

Resolved, by the Senate, the House of Representatives concurring there- 
in, that a joint committee of two from the Senate, and three from the 
House be hereby constituted with power to investigate whether a 
cession of said canal to the General Government is desirable and if 



?/2 c 2 .TOlNT RESOLUTIONS. 



so to report at an early day what, if any, legislation is necessary to 
provide for a cession to the Federal Government of all the right, 
title and interest the State of Illinois now holds in the real and 
personal property of the Illinois and Michigan Canal; Provided, that 
in consideration of such cession, the Federal Government will agree 
to assume, control and carry on and complete the enlargement of 
said canal into a Ship Canal of capacity not less than vessels of 



tons burden. 



IMPROVEMENT OF MISSISSIPPI RIVER. 

Whereas By the action of the water at the point where the Mis- 
souri river empties its waters into the Mississippi river opposite the 
county of Madison in the State of Illinois is such that large tracts of 
land situated in said county of Madison has already been washed 
away and the same is now being washed away and: 

Whereas At the rate the lands in said county are now being car- 
ried away by the water there is great danger that the river will break 
across the present land barrier and flow into Long Lake thereby caus- 
ing the Mississippi river at that point to spread over large tracts of 
country both in the county of Madison and St. Clair in said State 
and inflicting great injury to a large district of country and at the 
same time greatly endangering navigation on the Mississippi River 
and compelling the construction of numerous bridges across the chan- 
nel thus formed and, 

Whereas By the washing away of the soil the said Mississippi 
river has been widened from about the width of an half mile to about 
the width of a mile and a half, in the last few years, thereby causing 
the formation of several sand bars in the immediate vicinity and thus 
rendering navigation difficult and dangerous. 

Therefore be it: 

Resolved By the House of Representatives the Senate concurring 
herein that our Representatives in Congress be requested and our Sen- 
ators be instructed to use their influence and endeavors to have the 
Congress of the United States in its expenditure of money for the 
improvement of the Mississippi river, so to expend the same as to 
protect the navigation of said river at the points endangered and at 
the same time prevent the river from breaking into Long Lake and 
devastating the country as mentioned. 



IMPROVEMENT OF HARBOR AT WAUKEGAN. 

Whereas, it is of paramount importance to the People of this 
State that the river and lake advantages within and adjacent to its 



JOINT RESOLUTIONS. 



boundaries be kept in proper condition for the carrying on of com- 
mercial enterprises between the citizens of this State and other States 
and countries, and 

Whereas, this State is possessed of many miles of frontage on 
Lake Michigan, one of the Great Lakes of North America, affording 
the commerce of this State an outlet through the great water high- 
way to the Atlantic sea-board, and 

Whereas, there are many points of danger to navigators on said 

lake frontage, and some points which, could by a small outlay of 

money be made commodious and safe harbors for lake shipping aside 
from the port of Chicago, and 

Whereas, the people of the Northeastern portion of this State are 
now petitioning Congress, asking for an appropriation from the Gen- 
eral Government for the construction of a harbor and life saving sta- 
tion at Waukegan, in Lake County, in this State, said harbor having 
formerly been of great advantage to the agricultural interests of the 
people in said locality, as furnishing a means of shipping produce di- 
rect to the markets of the East, but having of late fallen into disuse on 
account of the formation of sand bars at the mouth of Waukegan 
River, and many serious accidents have within the last few years oc- 
curred at said place to our lake shipping, therefore, be it 

Resolved, by the Senate of the State of Illinois, the House of Hep- 
resentatines concurring herein., that our Senators in Congress be in- 
structed, and our Representatives be requested to obtain from the Gen- 
eral Government an appropriation for the construction of a harbor and 
life-saving station at Waukegan, in this State. 

Resolved, further that the Secretary of State is hereby instructed to 
send certified copies of these resolutions to each of our Senators and 
Representatives in Congress assembled. 



IMPROVEMENT OF QUINCT BAY. 

Whereas For the want of sufficient and well improved harbors on 
the Mississippi River there is great annual destruction of steam-boats, 
barges, and other water-crafts by the breaking up of ice and by storms 
on said river involving losses of greatest magnitude to the ship- 
ping interests of the whole Mississippi valle} 7 : and, 

Whereas, The Quincy Bay, of Quincy, in the State of Illinois, is 
one of the best natural harbors on said river, embracing as it does, a 
body of still water more than three (3) miles in length, and of suffi- 
cient width and depth, except in a few places obstructed by said bars, 
to afford a safe and convenient shelter and harbor for vessels naviga- 
ting the Mississippi river; and, 



324 JOINT RESOLUTIONS. 



Whereas, By the expenditure of a comparatively small amount of 
money, considering the magnitude of the shipping interests involved, 
in the improvement of the Quincy Bay, it would become a safe and 
convenient harbor for vessels, navigating said river; therefore be it 

Resolved, By the House of Representatives the Senate concurring 
herein, That the representatives and senators in Congress, from the 
State of Illinois, be and they are hereby requested to use all honora- 
ble means to secure the permanent improvement of the Quincy Bay 
by the Government of the United States in such a manner as to make 
it a safe and permanent harbor on said river and be it further; 

Resolved, That the Secretary of State be, and is hereby requested to 
transmit a copy of these resolutions to each of the representatives and 
senators in Congress from the State of Illinois. 



INTERNATIONAL EXHIBITION, MEXICO. 

Whereas, During last Winter a number of our citizens visited our 
neighboring Republic of Mexico, with the view of increasing the' com- 
merce and Trade between the Two (2) Countries, and 

Whereas, Those visitors were very cordially received and enter- 
tained there, and 

WstEREAS, As a result, of said visit the trade and commerce between 
the two (2) countries have been increased, and as a further result an 
international exhibition is to be held in the City of Mexico, commenc- 
ing January 15th, 1SS0, and ending April 15th, 1SS0 to which all 
nations are invited and 

Whereas, It is very desirable that our People should enjoy every 
facility, to exhibit our various productions of our industries at said 
exhibition, therefore be it 

Resolved, by the House of Representatives the Senate concurring 
herein, that our Senators and our members of Congress are requested 
to encourage such Legislation in Congress, as shall secure the ap- 
pointment of a sufficient number of commissioners, to take charge of 
and fully represent the interests of our People at said Exhibition so that 
we may fully and fairly compete with other Nations; and further 

Resolved, That the Secretary of State transmit a copy of these Res- 
olutions, to each of our Senators and Representatives in Congress 
now assembled in the City of Washington D. C. 



JANITORS AND EMPLOYES. 



Resolved, by the Senate, the House of Representatives concurring herein, 
that the Secretary of State be and he is hereby directed to employ 



JOINT RESOLUTIONS. 325 



such number of Janitors and other employees as are required to keep 
the Capitol Halls of the General Assembly, Committee Rooms, and 
other rooms and closets in good order and cleanly condition, and for 
the performance of such other duties as may be imposed upon him by 
law, or by the direction of either branch of the General Assembly. 
Said Janitors and employees to be paid the amount per diem and in 
the manner provided by the act of the 30th General Assembly, entitled 
"an Act to provide for the Election and appointment of the Officers 
and Employees of the General Assembly and to fix their compensa- 
tion. 



Approved May 28th, 1877. 
In force July 1st, 1877. 



JOINT RULES. 



Resolved, by the House of Representatives, the Senate concurring here- 
in. That a joint committee consisting of three on the part of the 
House and two on the part of the Senate be appointed as a commitee 
on joint rules. 



PASSAGE OF SENATE AND HOUSE BILLS; SWAMP AND OVERFLOWED LANDS. 

Resolved, by the Senate, the House of Representatives concurring 
herein, that our Senators and Representatives in Congress be requested 
to urge the passage of Senate Bill, No. 780, reported from the Com- 
mittee on Public Lands by Senator Oglesby in the United States Sen- 
ate on the 5th of June, 1878, a bill to provide for indemnity due the 
several states under the acts of Congress, approved March 2, 1855, 
and March 3, 1857, relating to swamp and overflowed lands; also of 
House Bill, No. 4,739, introduced by Hon. G. L. .Fort on the 6th of 
May, 1878, A Bill to authorize the Commissioners of the General 
Land Office to adjust and settle the claim of the State of Illinois, and of 
other states for indemnity for swamp lands sold by the United States, 
and to bring about such other measures of relief as will hasten the 
final adjustment of all claims of the State of Illinois against the Gov- 
ernment of the United States. 



STATE PRINTING. 



Whereas, complaints have been made, that the contractor for State 
printing of the first class is not complying with his contract, in this: 
that he is not executing the orders for printing, "promptly and with 
out delay," as required by law; therefore 



326 JOINT RESOLUTIONS. 



Resolved, by the Senate, the House of Representatives concurring 
herein, That a special committee of two from the Senate, and three 
from the House be appointed, to be named by the presiding officers 
of the Senate and House, respectively, who shall without delay, inves- 
tigate said complaint, and report at the earliest clay, and tbat they in- 
quire as to whether bills of the Senate, and House are printed in 
their regular order, and if not, for what reason and what influence 
prevents bills from being printed in their order. 



Executive Department, / 

Office of Secretary of State. ( 



United States of America, ) 
State of Illinois. 



I, George H. Harlow, Secretary of State of the State of Illinois, do 
hereby certify that the foregoing published acts of the Thirty-First Gen- 
eral Assembly of the State of Illinois, are true and correct copies of said 
acts, which have been approved by the Governor or that have other- 
wise become laws, and filed in the office of the Secretary of State, 
with the exception of words or letters printed in brackets, thus: [ ] ; 
and that the foregoing published joint resolutions are true and correct 
copies of the same as filed in this office. 

In Witness Whereof, I have hereto set 
[seal.] my hand and affixed the great Seal of State, 

at the city of Springfield, this first day of 
July, A. D. 1879. 

GEO. H. HARLOW, 

Secretary of State. 



INDEX 



INDEX 



F\av. . 
ADJUTANT GENERAL: 

Appropriations— office expenses.. . 26 
Chief of staff, comma nder- in- chief. 194 

A DMIN1 STRATORS : 

Deeds by, with will annexed 80 

AGRICULTURE: 

County Boards: 

Apropriations. how p>«id 2 

Delegates to State board 1 

Forfeiture of rights 1 

Illinois College at Irvington: 

Appropriation to pay indebtedness + 
Hale of lands :i 

State Board: 

Appropriations 8 I 

Election of 1 

President and A' ice President, term 
of office 1 ; 



ANIMALS: 

Dogs: 

Damages to sheep, liability of owners 

License fee 

• List, return by assessor 

Sheep: 
Damage done by dogs: 

How ascertained 

How paid 

Appraisers fees 

Justices fees 



APPROPRIATIONS: 
Agriculture : 

County boards 

Illinois College at Irvington 
State boards . 



Appellate Courts: 

First district, deficiency 

" " expenses 

Second district, deficiency 

" " expenses 

" " repairs of building 
and library 

Third district, deficiency 

Fourth district, deficiency 

Archer, Win. R. : 

Committee services 

Board of Health— State: 

Clerk hire 

Contingent fund, for quarantine 

Metropolis City " " 

Secretary, expenses and salary 

Traveling expenses of members 

Cairo City: 

Quarantine expenses of 1878 "... 

Davis, Chester P . : 

Committee service 

Davis, Levi, Jr. : 

Salary as Prosecuting Attorney, Alton 

City Court *. 

Damages to Lands: 

Allen, Wm 

Austin, Hugh 

Baker, John G 

Barnhardt, Jacob 

Bease, Nicholas 

Bishop, Reuben 

Bolen, Philip R 

Boyd, Mary J 



Paoe. 

Broaddus, Lelaud 18 

Bunchbauirh, Martin 18 

Clark. Atherton IT 

Coleman, Charles 17 

Condit, Courtland R 17 

Cramer, Paul 17 

Davis, Robert 18 

Dennis, James, heirs of 15 

Dore, Patrick IS 

Dorsey, James 17 

Frey, John 17 

Goff, Isaac C 18 

Green, Philip H 18 

Greer, Henry 16 

Hackmau, Noah 17 

Haiblide, Otto 17 

Harvcy, Charles W 16 

Harvey, George W . 16 

Hassler, J.Henry 17 

Hassler, Henry 18 

Hicks, John, heirs of 17 

Hoagland, Alexander 18 

Holderly, John 16 

Huffman, Elizabeth 17 

Hunter, Henry 17 

Jaques, Isaac N 17 

Johnson, James T 17 

Jones, John T. , heirs of 17 

Knapp, Charles 17 

Lanktree, Geo M 17 

Lanktree, Joseph 17 

Lehman, John 17 

Liebold, Frederick 17 

Lloyd, Richard 18 

Locke, Hannah 18 

Locke, John 18 

Lucinger, Jacob 17 

Lucinger, Nicholas 17 

Masters, Jjihul 17 

Maurcr, Michael 17 

McCormich. John L 17 

Melvine, Charles 16 

Miller, David S IS 

Morgan, Alanson, heirs of... . 18 

Morgan, Bolivar and Emmet 18 

Morgan, Bolivar 18 

Morgan Dwic. ht " E 17 

Morgan, Malinda 18 

Mullin, Addison... 17 

Myers, Isabella, heirs of 17 

Newall Benjamin is 

Newell, Harriet 17 

Partridge, Jasper 16 

Perkin, Alvin 17 

Poisnett, Wm 16 

Pool, Guy W., heirs of 18 

Purviance, Amos T IS 

Heavy, Anthony IS 

Robertson, James M 18 

Robertson, Wm. Scott 18 

Rouseau, L. C :*8 

Schier, John 17 

Shelby, Matilda, heirs of 16 

Shields, Wm., heirs of 18 

Simpson, Joshua B., heirs of 18 

Smith, Brown 17 

Smith, Frank T. & Wm. Q 18 

Smith, P. J. & Wm. Q 18 

Smith, Samuel H 17 

Smith, Wm Q 18 

Sparling, George 18 



iv 



INDEX. 



Page. 

Damage to Lands— Continued. 

Staley, George S 18 

Tafflemire, James S 17 

Talbot, Harriet, A. C, heirs of 17 

Talliaf erro, James R 17 

Townley, Clark J 18 

Townles', Ezra J 18 

Townley, George W 18 

Wasson, Jacob 17 

Waters, Sophia 18 

Waugh, Wm. T 17 

Wharton, Samuel B. , heirs of 17 

Wheeler, Miles E 17 

White, Hiram W 18 

Wood, Timothy 18 

Worlev, Stephen G 18 

Wright, Hiram C 18 

Douglas Monument: 

Completion of 10 

Emerson, Albert: 

Services as committee elerk 15 

Fisher, Elhanan: 

Sei-vices as committee Clerk 15 

Harts, P. W.: 

Judgment against the State 7 

Hatch, O. M.: 

Balance as Secretary of State 33 

Horticultural Society, —State : 

In aid of ; 34 

Tllinois Agricultural College: 

Pay indebtedness 3 

Illinois and Michigan Canal: 

Running expenses 6 

Illinois National Guard: 

Pay and subsistence in 1877 and 1878. 32 
Industrial University: 

Expenses, repairs and improvements 50 
Jack, Samuel S. : 

Committee services 15 

Johnson, Joel: 

Returning fugitive 40 

Mattocks, F. W: 

Witness fees 31 

Military fund : 

Expenses of organization 204 

Mt. Vernon Ladies Association: 

Coat of Arms of Illinois 39 

Normal University: 

Normal, expenses 51 

Southern, expenses 52 

Penitentiaries: 

Joliet expenses 44 

" repairs and improvements 45 

' ' to pay debts 43 

' ' transfer of prisoners to Chester 9 

Southern buildings 47 

' ' buildings (duplicate) 46 

1 ' expenses 48 

' ' expenses 45 

Peniwell, Thomas: 

Relief of 53 

Quincy Savings Bank: 

Judgment against the State 9 

Reform School: 

Expenses and improvements 49 

State Charitable Institutions: 

Blind Asylum 5 

Central Hospital for Insane 35 

Deaf and Dumb School at Chicago. 20 
Deaf and Dumb School at Jackson- 
ville 21 

Eastern Hospital for Insane 36 37 

Ey« and Ear Infirmary 22 

Feeble Minded Children, Asylum.. 22 

Northern Hospital for Insane 38 

Southern Hospital for Insaue 39 

Soldiers' Orphans' Home 42 

State Debt. 

Principal and interest— payment. .. 29 
State Government: 
Adjutant General: 

Office expenses.. 26 

Office expenses, deficiency 24 



Page. 

Attorney General: 

Clerk hire 26 

Incidental expenses 26 

Messenger' s salary 26 

Auditor: 

Clerk hire 25 

Incidental expenses 25 

Messenger' s salary 25 

Board of Health: 
Clerk hire 29 

Bureau of Labor Statistics: 
Salaries of secretary and commis- 
sioners 30 

Convicts : 

Expenses of conveying to penitentiary. 26 
Court of Claims: 

Bailiff' s salary 27 

Custodian of Field Notes: 

Office expenses 26 

Curator of Museum: 

Salary and expenses 28 

" of assistant 28 

Executive Mansion: 

Care of and repairs 25 

Expenses on State Suits: 

Before court of claims 26 

Fish Commissioners: 

Expenses 30 

Fugitive from Justice: 

Return of 26 

Rewards for apprehending 28 

General Assembly: 

Committee expenses 20 

Copying Laws and Journals of 28 

Distribution of Laws and Journals... 28 

Employes of next 28 

Incidental expenses of 31st 31 

Per diem of officers and members 

next 31 

Governor' s office : 

Clerk hire and expenses 24 

Porter' s salar y 25 

Interest on School Fund: 

Distribution 27 

Janitors and Watchm,en: 

State house 2s 

Juvenile convicts: 

Conveying to Reform School 27 

Moore Lottie: 

Balance of salary due Enoch JMoore.. 30 
Paper and stationery: 

State offices 27 

Public binding: 

For the years 1879 and 1880 23 

Public Printing : 

For the years 1879 and 1880 27 

Railroad and Warehouse Commissioners: 

Legal expenses 28 

Salaries and clerk hire 28 

Reports of the Supreme Court : 

Purchase for use of State 29 

Secretary of State: 

Clerk hire and office expenses 25 

Indexing files and records 25 

Porters and messengers 25 

State house and grounds 25 

State Board of Charities: 

Salaries and office expenses 26 

State Board of Equalization: 

Expenses of 1879 and 1880 29 

State House: 

Heating deficiency 23 

Heating 1879 and 1880 28 

Lighting 28 

State Librai-y: 

Purchase of books and expenses. ... 29 
State Officers: 

Salaries of 31 

State School Fund: 

Distribution of r 29 

Superintendent of Public Instruction : 

Clerk hire and messenger 26 

Office expenses— deficiency 24 



INDEX. 



Page. 
APPROPR[ATIONS -Continued 

Office expenses and purchase of peri- 
odicals 26 

Supreme Court: 

Expenses in 1st, 2d and 3d grand di- 
visions 27 

Librarians and janitors 27 

Taxes paid in error: 

Refunding 28 

Treasurer, State: 

Clerk hire and expenses 25 

Repairs and alterations 25 

Watchmen and messengers 25 

Records Black Hawk War; 

Transcript from War Department at 

Washington 30 

State Laboratory of Natural History: 

Normal, expenses and improvements. 11 
Tice, Frank N. ; 

Committee services 15 

Wabash County: 

Court house 52 

Warren, Chas. C: 

Legal services 15 

Wilkinson, Wm. R.: 

Committee services 15 

Wilson, James N.: 

Relief of 53 

Youngken, John C: 

Services as Committee Clerk 15 

ASSIGNMENTS-VOLUNTARY : 

Discontinuance of proceedings by 
agreement 57 

ATTORNEYS: 

Act of 1877 regulating practice before 
justices repealed 57 

ATTORNEY' GENERAL: 

Appropriations for office 2(5 



AUDITOR: 

Appropriations for office 25 

Appropriation for expenses of State 
suits 26 

Custodian of the Records of the U. S. 
Laud Office 238 

State School Fund— Warrants for dis- 
tribution 29 

BANKS: 

Depositors — protection of 113 

Receivers and Assignees -duties of. 236 

BASTARDY': 

Act of 1872 amended 58 

BINDING PUBLIC: 

Appropriation 1879 and 1880. . 27 

BOARD OF EQUALIZATION -STATE: 
Appropriation for expenses 1879 and 
1880 29 

BOARD OF HEALTH-STATE: 

Appropriation: 

Clerk hire 29 

Contingent fund 34 

Metropolis city quarantine 34 

Secretary' s salary aud expenses 33 

Traveling expenses of members 34 

BOATS FOR PROSTITUTION: 

Penalties for keeping 119 

BONDS-COUNTY: 

How issued--act of 1874 amended 78